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."

FMI: http://lasalleso.com/?page_id=57