Sheriff May Have Improperly Refunded Aircraft Taxes Paid Under
Protest
Wouldn't it be great if, when you had a dispute with your
county tax assessor over the ad valorem tax levied against your
aircraft, you could just work things out informally with the
sheriff one-on-one, agree that settling for half the amount was
fair, and consider it done?
Louisiana Legislative Auditor Daryl Purpera says that's about
the way it went for one aircraft owner in LaSalle Parish, and as
you might imagine, as an auditor, he's not amused.
According to thetowntalk.com, Purpera has released a report on
an audit of the LaSalle Parish Sheriff's Office that cites the
office for two potential improprieties related to an airplane and
the helicopter owned by former reserve deputy Everett Mayo Jr. The
Parish has also rented the helicopter for about 80 hours in
2008-2010, at a cost of almost $40,000, to use in conducting
searches for marijuana farms.
The first problem has to do with the parish tax assessor's bill
for $16,275 in taxes owed on the two aircraft, which are owned by
Mayo's businesses, E&S Investments and M&M Maintenance.
Mayo paid the levy under protest, saying the aircraft are not used
for commercial purposes, and filed suit against LaSalle Parish
Assessor Aron Johnson and Sheriff Scott Franklin, whose job it is
to collect the tax, but did not name the Louisiana Tax Commission
in the suit, as required by state law.
So, Franklin says he got opinions from attorneys and other
experienced parties, and settled the suit by refunding half the
tax, about $8,140, and called it good. That wasn't exactly by the
book, but defenders of Sheriff Franklin's actions say the inability
of the tax assessor to document required notices of the taxes due
might have resulted in a full refund of the taxes paid under
protest had the lawsuit gone to trial, and that even a win by the
parish would have involved legal fees.
But there's also another problem. Mayo and his wife contributed
$5,000 to Franklin's election campaign back in 2007.
It's not clear where this is all going. Johnson says he is
waiting for an opinion from the Louisiana attorney general.
Franklin insists, "This decision, like all decisions I make, was
made with sound advice and in the best interest of the citizens of
LaSalle Parish."