McCarty wins tax flop, Maxwell folds

No apologies, but Maxwell drops suit against commission winner McCarty, who pays sales tax bill in installments

Fayette County Commissioner Eric Maxwell made good on his promise Monday, dropping a lawsuit against Commissioner-elect Allen McCarty after McCarty’s attorney showed proof that he had indeed paid off in full a delinquent sales tax owed the state of Georgia.

Maxwell’s suit, filed two weeks ago, alleged that McCarty should have been disqualified as a candidate in the election, and thus not allowed to take office, since he owed the state sales tax at the time he qualified for election.

On Monday, Maxwell — who was beaten by McCarty in the primary 7,544 to 6,346 — was provided copies of the cancelled checks corresponding to McCarty’s payment plan for the $3,398 in principal plus interest.

Maxwell told The Citizen Tuesday that the cancelled checks show that McCarty completed the payment plan in June of this year, so he contends that McCarty did commit an act of false swearing when he qualified for office and also declared his candidacy in an affidavit, both of which occurred in May.

“It would be sort of ticky-tacky for me to keep that going in my opinion,” Maxwell said. “The man was paying on his back taxes. ... As far as I’m concerned I’m not going to deal with it anymore. It’s over.”

McCarty said the overdue sales tax was for a motor home he bought in South Carolina in 2004, and at the time he was unaware he would have to pay Georgia sales tax on the transaction, though he paid South Carolina’s $300 sales tax.

McCarty said he titled and registered the motor home in Georgia, but did not get a notice on the tax delinquency until 2009 when the Georgia Department of Revenue issued a lien on his home.

“If they would have sent me the bill earlier, I’d have paid it earlier,” McCarty said.

McCarty said he used the motor home for his business, as he and his wife would drive it to television stations where he would perform service work. They were more comfortable in the motor home than a hotel, he added.

“As far as I’m concerned, I paid sales tax on that vehicle twice,” McCarty said. “If you go to South Carolina and buy something and come back to Georgia and use it, Georgia thinks you owe state sales tax on it. To me I think that’s bizarre.”

Maxwell said he has been given a copy of the “satisfaction” notice from the state Department of Revenue that showed McCarty had paid the obligation in full as of June of this year. Maxwell noted that in the five months since the obligation was paid in full, DOR has yet to file that documentation at the Fayette County Courthouse.

“In fairness to Allen, it appears he completed his payment plan in June, Maxwell said, but ... we’re in November and the Department of Revenue still has not transmitted documentation that it has been paid off to the Fayette County Courthouse.”

Maxwell said DOR also had yet to respond to an open records request on the matter, noting that Georgia law required the suit to be filed promptly because it contested the results of an election.

“These things take time through the administrative process, but the legislature only gives you five days to file it,” Maxwell said.

McCarty, for his part, says he plans to fulfill the citizens’ wishes when he takes office.

“The citizens are the boss and I am the employee,” McCarty said. “I as the employee will manage what the citizens put me in charge of to the best advantage of the citizens who elected me.”

Spear Road Guy
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Maxwell Is A Political Scum Bag

I hope McCarty sues him for maligning his character. Is anyone really surprised that Maxwell owns land near the West Fayetteville Bypass???

Don't let the door hit you where the sun don't shine on the way out Commissioner Maxwell!!!

Gene61
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McCarty wins tax flop, Maxwell folds

Lesson, if you're going to make someting a campaign issue, get all the facts first.

Looks like DOR has dopped the ball too..I didn't know you would have to pay taxes on a vehicle you already in another state. Look how long it took DOR to make it known to Mr. McCarty, by that time had penalties, and interest took its tool on this purchase.

scribbler
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TAKIN' NOTES...

These sleazy lawsuit stunts are noteworthy;

I expect we will see more than a few slogans akin to--
"ANYBODY BUT [Maxwell!!]"...

--On the next run of campaign signs & T-shirts.
I'll take three of each...

ginga1414
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This Whole Mess Is Crystal Clear

As McCarty said, he paid the sales tax where he bought the motor home. He was under the impression that he didn't have to pay sales tax on the same vehicle in Georgia. i.e. didn't know he had to pay sales tax twice. If he were trying to get away with something, why would he have titled and registered the vehicle in Georgia? He didn't get a delinquent tax bill for the vehicle until 2009. By that time, the interest and penalties had stacked up.

According to what Maxwell says, "DOR has yet to file that documentation at the Fayette County Courthouse." Maxwell also said, "DOR also had yet to respond to an open records request on the matter."

So, apparently McCarty and Maxwell were victims of the system. Aren't we all?

Courthouserules
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This sounds like a conversation..

....that I overheard the other day:(concerning paying sales taxes or any mistake being defended)

TV reporter: Mam did your son shoot that fellow?
Mam: Who knows, it is so confusing a thang no one knows.
TV reporter: what is the confusion?
Mam: I works three jobs all part-time some of the time but not right now, and he do not have much money and this fellow..
TV reporter: are you saying that he needed money so he shot the man to get his money?
Mam: no, no, he is a good boy and wouldn't do such a thang ever--he was framed by them other bums.
TV reporter: Oh, so the other bums shot the man?
Mam: I don't know it is so confusin, I doubt we will ever know.

mudcat
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Ticky tacky indeed, Mr. Maxwell

This whole thing is ticky tacky. Obviously if McCarty had the cancelled checks Monday, he had them 2 weeks ago and by waiting 2 weeks to show them, he is obviously a publicity hound - sort of like his joined at the hip running mate. And Maxwell should have known better than to pursue something that was such a reach. No one looks good in this one.

Courthouserules
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mudcat

Don't you understand it either? Or don't want to?

The man had NOT paid his sales tax on the boat when he swore he had!
He was not eligible to run. This was an election, not a business deal!

Maxwell just let him get away with it since he has since paid them.

It shows intention not to pay them unless caught, I think.

Aren't citizens, even Maxwell, supposed to go by the law? Do you think he was a snitch?

Should the people who knew about our judges have kept it quiet to save their jobs, as they did? Or are we to report only those we don't
know and don't like?

This sort of thing is similar to Wall Street, Madison Avenue, and Bankers!

hutch866
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Chr$

I'd be more inclined to believe you understand it if you had ever said anything about the people in Obama's administration who somehow forgot to pay income tax, like say Geithner, or even Rangel, yet not a word about them, just goes to show some more of that situational outrage notsniffles likes to pin on everyone else.

Spyglass
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Welcome to the real world Mr. Commissioner..

taxes are due.

Courthouserules
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Couldn't this have been better said?

Couldn't it have been said, "Commissioner Maxwell has decided to drop his law suit indicating that Commissioner-elect McCarty had not paid a tax debt by the deadline for filing."

But no: "McCarty wins, Maxwell flops!"

The tax was not paid by the deadline!

What is it with these repeated partisan headlines for lawbreakers and others?

Don't we have enough of this sort of favoritism or lack of it in Atlanta?

Robert W. Morgan
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Tax flop? You mean flap. donchya John?

Flop could apply if this were a movie and nobody cared enough to come and buy tickets, but this is too silly for a movie. So I'm guessing it is a tax flap and spell-check let it get by.

Glad Eric walked away from it as quickly as he did. He still looks foolish, but it will be forgotten by next week. Of course he's still technically correct, so I feel comfortable referring to Councilman-elect McCarty as the felon. Still need a nickname for Brown that goes with felon since I assume those 2 will be just like our 2 in PTC - Don and Doug - marching together, but out of step.

tortugaocho
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Maxwell's gonna spanked with a defamation suit

Can you imagine how many attorneys are frothing at the mouth to sue a former shamed politician?

NUK_1
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What defamation?

"Maxwell told The Citizen Tuesday that the cancelled checks show that McCarty completed the payment plan in June of this year, so he contends that McCarty did commit an act of false swearing when he qualified for office and also declared his candidacy in an affidavit, both of which occurred in May."

Is anyone disputing the above is not the truth? McCarty the deadbeat owed when he qualified for office. Whether that means anything to the extent of what Maxwell wanted as far as disqualifying McCarty, nulling the election, etc. we'll never know since no Judge will be making a ruling.

You do know that the truth is the ultimate defense in any libel/slander case, right?

abeautifulday4us
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Truth as a defense?

According to Maxwell he still has a complaint. Why then did he dismiss? I think the answer to that question is simple. He never had a case.

Courthouserules
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tortuga0cho

I doubt it!! All of the tax had NOT been paid upon his filing.

He was not qualified and did swear he was!

It was decent of Maxwell to cancel the suit also.

Why on earth is the revenue department not filing pay-offs at the courthouse? They have had 6 months! Something is wrong with the people responsible for this. If the system is bad, why havn't they complained?

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