Eye On Boise

State reply to Hart tax appeal: Legislators subject to same rules as anyone else

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

Attorneys for the Idaho State Tax Commission have filed their response to Rep. Phil Hart's state income tax appeal to the Idaho Supreme Court, writing that Hart seems to be arguing different rules apply to him just because he's a state legislator. "Appellant appears to be arguing that his status as a legislator excuses him from the requirement to file a timely appeal," the state attorneys wrote.

Hart, a tax protester who stopped filing both federal and state income tax returns for three years in the 1990s, had 91 days to appeal his order to pay more than $53,000 in back state income taxes, penalties and interest for tax years 1996 to 2004, but instead waited more than six months, saying an intervening legislative session entitled him to more time. Because it was too late, his appeal was rejected, a decision he's now appealed five times. You can read my full story here at spokesman.com, and read the state's brief here. Hart now has another week to file his reply to the state's response, and then the case can be set for arguments before the Supreme Court, which likely won't happen before April of 2012.




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Betsy Z. Russell




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