Guam News VIDEO: GovGuam Files Notice That It Will Appeal Injunction Requiring Payment of Tax Refunds Within 6 Months
Last Updated on Monday, 04 March 2013 18:28 Written by Kevin Kerrigan Sunday, 03 March 2013 12:54
Guam News - Guam News
Guam - GovGuam has filed a notice of appeal over a Federal Court order requiring the payment of tax refunds within 6 months.
The Notice was filed Thursday, February 28th, with both the the 9th Circuit Court of Appeals in California and at Guam's District Court.
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Assistant Guam Attorney General Ken Orcutt is filing the appeal seeking to overturn the Permanent Injunction requiring "timely payment" of tax refunds which was issued in January by District Court Judge Consuelo Marshall.
READ the Notice of Appeal filed in Guam District Court HERE
READ the Notice of Appeal filed with the 9th Circuit HERE
| 02/28/2013 | 1 | Changed Appellant Government of Guam in 13-15389 [8531125] (WF) |
| 02/28/2013 | 2 | DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/07/2013. Transcript ordered by 04/01/2013. Transcript due 04/29/2013. Appellants Eddie Baza Calvo, John Camacho, Government of Guam and Benita Manglona opening brief due 06/10/2013. Appellees Jeffrey F. Paeste, Rea Mializa O. Paeste, Glenn Zapanta and Sharon M. Zapanta answering brief due 07/08/2013. Appellant's optional reply brief is due 14 days after service of the answering brief. [8531163] (WF) |
The Notices do not include any appeal arguments explaining what the basis of the appeal will be. Opening briefs are not due until June 10th.
However in a series of briefs filed in opposition to the injunction before it was issued, Orcutt repeatedly argued that "Guam does not agree that the payment of refunds within the proposed [6 month] time period is reasonable."
"The current financial situation of the Government of Guam ... requires more than six months to pay these refunds," he wrote and "It makes no sense for this court to grant injunctive relief with which Guam cannot comply and then have Guam subjected to contempt proceedings."
READ GovGuam's objections and recommendation for 2 year delay HERE
Orcutt also argued that GovGuam is not waiving its objections to the imposition of a fixed deadline writing that the Internal Revenue Service Code merely requires that interest be paid for late refund payments, and "plaintiffs have failed to identify any specific provision of the Internal Revenue Code which provides such a deadline."The permanent injunction issued by Judge Consuelo Marshall requires GovGuam to pay "A" status refunds owed "no later than 6 months after the filing of the claim for refund or six months from the due date for filing the claim for refund, whichever is later in time."
That means the GovGuam has until October 15th to pay all 2012 tax refunds owed because that is 6 months from the April 15th due date for filing taxes returns.
READ Judge Marshal's Permanent Injunction Here
READ Judge Marshall's of Fact and Conclusions of Law HERE
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