State replies to Hart's claims in tax case - Coeur d'Alene Press: Local News

State replies to Hart's claims in tax case

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Posted: Friday, August 2, 2013 12:00 am

COEUR d'ALENE - The Idaho State Tax Commission filed a response to former State Representative Phil Hart's claim that the state taxes he owes are overstated.

When Hart filed for bankruptcy earlier this year, the tax commission filed a "proof of claim" in the amount of $45,705 against Hart.

As a result, Hart filed an objection to that claim, saying the forensic audit indicates his tax debt is vastly lower than the tax commission's claim.

It's the same battle he is fighting against the Internal Revenue Service at the federal level.

Hart's objection prompted the tax commission to file a response two weeks ago in the United States Bankruptcy Court saying the matter of how much Hart owes the state has been litigated, and that he is now seeking a venue to overturn an Idaho Supreme Court ruling he lost in April of 2012.

"The tax commission believes that, by objecting to its claim, (Hart) is merely shopping for another forum to litigate the debt he owes to the state of Idaho, a debt established, fully litigated, and finally assessed well before the filing of his bankruptcy," the response said.

The tax commission filing goes into detail on how Hart fought and lost several court battles over the years and finally appeal to the Idaho Supreme Court, which upheld lower court decisions that determined Hart owed the state the $45,705.

The response also says Hart filed his objection saying a forensic audit shows he owes substantially less than what the courts have ruled, but he has failed to file any amended tax returns to the state or any other evidence that would show his assessment for the income tax for the years in question were erroneous.

In other filings, the court has set a hearing date of Aug. 27 in Coeur d'Alene to discuss several issues that have arisen in the case.

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  • Keven Johnson posted at 1:30 pm on Fri, Aug 2, 2013.

    Keven Johnson Posts: 1490

    Thank you Randy. You and I disagree on Phil Hart (and almost everything else) but that comment from voxpop was over the top and completely uncalled for. I appreciate you calling him on it.

  • Randy Myers posted at 10:56 am on Fri, Aug 2, 2013.

    Randy Myers Posts: 1635

    Tax cheat and timber thief is now facing up to his actions even if he doesn't want to.

    @voxpopoff....Yet another tasteless comment.

  • oscar posted at 9:36 am on Fri, Aug 2, 2013.

    oscar Posts: 1708

    Hart has had his 15 minutes of fame, put a fork in him, he is done. He continually stalls and hangs around like a bad cold.

  • voxpop posted at 4:45 am on Fri, Aug 2, 2013.

    voxpop Posts: 738

    Everytime I read Hart's name and his famed total disregard for the laws the rest of us are expected to abide by, I think of Richard Butler. At least Butler had the decency to die.

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