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GovGuam lost the case in which District Court Judge Consuelo Marshall ordered GovGuam to pay all tax refunds within 6 months of the filing date, which is October 15th.

In a release, Pangelinan asks why the Governor is appealing the decision when just after Judge Marshall issued her permanent injunction, Governor Calvo “said he is already paying income tax refunds within six months"

He also questions recent financial pronouncements from the Administration saying:

"Four months ago we had a $170 million shortfall; just a few weeks ago we have a $10 million surplus. Now, the governor is attempting to stop the permanent injunction to pay income tax refunds on time? Where and what is the truth in all of this?"

The Senator urges the Attorney General "to use his resources wisely"  and  he calls on the Governor "to please stop this nonsense—he must simply follow the local laws requiring that deposits be made to the Income Tax Payment Trust Account for timely payments of refunds as cited in the District Court’s orders."

READ the release from Senator Pangelinan below:

PANGELINAN URGES GOVERNOR AND AG TO HALT THEIR APPEAL OF THE TAX REFUND CLASS ACTION LAWSUIT PERMANENT INJUNCTION

FOR IMMEDIATE NEWS RELEASE (March 3, 2013 – Hagåtña, GU) – Senator Vicente “ben” C. Pangelinan, Chairman of the Committee on Appropriations, Public Debt, Retirement, Legal Affairs, Public Parks, Recreation, Historic Preservation, and Land, is extremely concerned over Governor Eddie Calvo and Attorney General Leonardo Rapadas’s appeal over Civil Case No. 11-00008, the Tax Refund Class Action Lawsuit. On January 30, 2013, District Court of Guam Judge Consuelo B. Marshall issued a Permanent Injunction and Final Judgment on Governor Calvo to pay income tax refunds within six months of the due date to file income tax returns.

“This is completely absurd and is a complete waste of taxpayer money,” exclaimed Senator Pangelinan (D-Barrigada). “Shortly after the final judgment against the governor, the governor said he is already paying income tax refunds within six months. Why, then, is he appealing Judge Marshall’s order and permanent injunction?”

“Four months ago we had a $170 million shortfall; just a few weeks ago we have a $10 million surplus. Now, the governor is attempting to stop the permanent injunction to pay income tax refunds on time? Where and what is the truth in all of this?” questioned Senator Pangelinan.

Senator Pangelinan urges the Attorney General to withdraw from this appeal to the Ninth Circuit Court of Appeals simply because taxpayers are owed their money. The senator feels that any action to prevent this is a waste of taxpayer money. “The Attorney General should not be expending resources to try and preserve the right of the governor to not pay income tax refunds in a timely manner. He must finally fight on the side of the people and the law,” said the senator.

“I am urging the Attorney General to use his resources wisely and for the governor to please stop this nonsense—he must simply follow the local laws requiring that deposits be made to the Income Tax Payment Trust Account for timely payments of refunds as cited in the District Court’s orders. The taxpayers deserve their income tax refunds, and continuing to stall the permanent injunction will only hurt the people of Guam,” the senator concluded.