State Rep. Refuses to Pay Taxes

Thursday, April 19, 2012

 

Tax day has come and gone, but one state lawmaker says he plans to make the government wait before he pays another dime.

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In an interview with GoLocalProv, Republican State Representative Dan Gordon, who represents Portsmouth, Tiverton and Little Compton, confirmed that he did not file a tax return before Tuesday’s deadline because he is angry with the way both the local and federal government is spending his money.

“I’m making a statement,” Gordon said. “The thought behind it was to starve the beast. Maybe if everyone did that, the government would start paying attention.”

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Gordon’s comments came a day after he took to Twitter to voice his opposition to paying taxes on time. In a tweet sent Tuesday evening, Gordon told followers, “Today is the tax deadline. I didn't pay. #ComeGetIt.”

Gordon, who came under fire last summer after his extensive criminal record in Massachusetts became public and his military record was questioned, said he is particularly upset with the legislature’s recent decision to allow a gift shop in the State House. The project, which will cost about $70,000, is the latest example of the government wasting money, Gordon said.

“Enough is enough already,” he said. “We want more and we’re not getting it.”

Gordon said he is not advocating for others to break the law and is willing to eventually pay his taxes, but he said he hopes his boycott sends a message to Rhode Islanders.

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“That’s parts of the responsibility of being a so-called leader,” he said. “This is our money, we’re supposed to be the caretakers. We could make real substantial substantive changes in this state but it’s got to start somewhere.”

Brock: The Ultimate Hypocrisy

But others were outraged to learn of Gordon’s decision. Kate Brock, the executive director of Ocean State Action, said Gordon’s refusal to pay taxes sends the wrong message to taxpayers.

“It is the ultimate hypocrisy that Representative Gordon is refusing to pay his taxes while drawing a taxpayer funded government paycheck for his service in the General Assembly,” Brock said. “Thousands of Rhode Islanders, including Representative Gordon's constituents, are doing the right thing and paying for the critical public services we all depend on. Representative Gordon should hold himself to this same standard and pay his fair share.”

State GOP chairman Mark Zaccaria said he doesn’t like the way the government is spending the money he pays in taxes either, but he said he prefers changing the government in accordance with constitutional processes so that the resulting new and improved government will do a better job.

“You and I both know what will actually happen to Dan Gordon if he not only refuses to pay but also flouts that choice in the media,” Zaccaria said. “His public processing by the court system might give him a brief platform from which to shout his rage but it will do nothing to help the hard working, taxpaying men and women of Rhode Island. And they’re the ones who are really hurt by government mismanagement.”

Division of Taxation: Significant Penalties can be Levied

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According to Neil Downing, a chief revenue agent with the Rhode Island Division of Taxation, anyone who fails to file their Rhode Island personal income tax return, or who fails to pay their Rhode Island personal income tax liability, is subject to significant penalty and interest charges to the fullest extent allowed under Rhode Island General Laws. That person may also be subject to imprisonment and fine.

Downing said the Tax Division is prohibited, by state law, from discussing an individual's state tax situation, but he said not filing a tax return could force other taxpayers to shoulder the burden.

“The State of Rhode Island uses tax revenue to pay for essential public services, including public safety, health, and education,” Downing said. “Almost everyone pays their fair share of tax. If someone does not pay what they are obligated to pay, other taxpayers may wind up shouldering a heavier burden, and some residents may not receive essential state services, which is unfair to them.”

When someone fails to file their return as required, Downing said, they trigger a “failure-to-file penalty” – which applies at the rate of 5 percent per month, to a maximum of 25 percent of the amount due. He said the Tax Division charges interest on unpaid balances at the rate of 1.5 percent per month, to a maximum of 18 percent each year. In Gordon’s case, intentional disregard tax law or rules or regulations results in a 5 percent deficiency penalty.

“Furthermore, willfully attempting to evade the Rhode Island personal income tax, or willfully failing to file the required return within the required time period, can result in felony criminal charges,” Downing said. “The penalty can be imprisonment for up to one year and a fine of up to $10,000.”

Too Much Government Waste

While some conservative leaders said they agree that taxpayer funds are being misused, they frowned on Gordon’s boycott. Rhode Island Statewide Coalition (RISC) executive director Harriet Lloyd said every citizen has a responsibility to pay their taxes.

“Over the past year, within our own state, there have been numerous revelations of misspent funds in school departments and other areas of municipal budgets, fraudulent disability pension payments and the like and any taxpayer can become frustrated and question the government’s ability to properly use taxpayer dollars,” Lloyd said. “However, under the law, every citizen has a responsibility to meet their own individual tax obligations.”

Rhode Island Tea Party President Susan Wynne agreed with Lloyd and said changes need to be made through the legislative process.

“Although I understand his frustration, we are a society that lives within a legal system in which we must abide,” Wynne said. “The appropriate response to making any change needs to be through the legislative process and I am sure Rep. Gordon knows that. We believe that the tax burden is far too high and the government is grossly wasteful, inefficient and irresponsible in the spending of its citizens' hard earned money.”
 

 

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