Thu, Nov 26 2009
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Accusations fly concerning tactics in tax lawsuits He said his committee also gave money to Tim Jones, who sponsored the MML legislation.
“There’s no connection,” between his litigation and the failure of the bill to advance in the House, Burcham said. Markenson, asked if the bill would be proposed again next year, said, “I don’t know why we would be more successful this year than we were last year.” Basis of taxes Both Markenson and Joplin’s city attorney, Brian Head, said cities relied on a 1999 letter from the Department of Revenue that advised them that state law appeared to allow multiple general-use sales and capital-projects taxes, but only one transportation, or parks and storm-water sales tax. The Globe requested a copy of the letter from the revenue department. Ted Farnen, a spokesman for the department, wrote in reply to the Globe’s request that the letter “is not a binding opinion. The closest thing the Department of Revenue has to a formal opinion is a letter of ruling, but this letter is not even that. It is one piece of correspondence from 1999.” The letter, addressed to the International Association of Fire Fighters in St. Joseph, reads: “There is no limit to the number of taxes that may be imposed” under state statutes authorizing general and capital improvements sales taxes. It does say that sales taxes for parks and storm-water projects and transportation are limited to one for each purpose. The department has begun issuing a formal statement along with copies of the letter. It reads: “When a local governmental entity asks the Missouri Department of Revenue to collect a newly enacted sales tax, the department reviews the underlying ordinance and other supporting documents to it by the local governmental entity. If everything appears in order, the department will collect the tax as requested. This does not, however, preclude a person or group from challenging the city’s imposition of the tax.” Burcham contends that state law does not give taxpayers direct standing to challenge collection of taxes they might think are illegal. He contends the law requires that merchants protest taxes. “That is not an adequate remedy and the state has said it will not process protests from consumers and taxpayers,” Burcham wrote in one of his lawsuits. The Revenue Department’s statement says there was a 1993 decision in St. Charles County upholding stacked taxes. Head said that decision may not be the final say if other lawsuits are litigated and the decision is not binding like an appeals-court decision would be. Bitter exchanges 
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