Eye On Boise

Rep. Hart appeals his state income taxes to the Idaho Supreme Court

Phil Hart (Betsy Russell)
Phil Hart (Betsy Russell)

Tax-protesting Idaho state Rep. Phil Hart is taking his fight against paying his back state income taxes to the Idaho Supreme Court, despite already having lost four appeals. Hart lost his fourth round in March, when 1st District Judge John Mitchell rejected Hart's request that the judge reconsider his December 2010 decision tossing out the appeal. In a 13-page decision, the judge twice termed Hart's arguments “simply wrong,” and called his central argument – that he'd actually filed his appeal one day earlier than the state says - “patently wrong.”

Hart, whose first court appeal in November of 2010 charged that the state income tax is unconstitutional, also is arguing that he should have months longer to appeal his taxes than other citizens because of his status as a state legislator. Plus, he's claimed a requirement that he submit a 20 percent bond when filing his appeal is unconstitutional. You can read my full story here at spokesman.com, and see the latest court decision and Hart's notice of appeal here.




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Betsy Z. Russell





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