NovaScotia animal law change
In Indiana, a county sold a couple's dogs ... 24 hours after seizure for
not paying state sales taxes on dog sales..(it was part of HSUS's efforts to
get Indiana to pass a dog breeder bill) two years later the court finds
they did so in illegally, but the dogs are still gone and they are out of
business.
http://www.indianaeconomicdigest.net/main.asp?SectionID=31&ArticleID=61436
8/22/2011 6:40:00 PM
Indiana court rejects tax tool used to close Harrison County puppy mill
Dan Carden, Times of Northwest Indiana
INDIANAPOLIS | A tool used by Indiana officials to shut down an illegal puppy mill has been disapproved by the Indiana Tax Court.
Tax Court Judge Martha Wentworth ruled Friday the Indiana Department of Revenue and Attorney General exceeded their authority by using jeopardy tax assessments to seize 240 dogs from the Harrison County property of Virginia and Kristin Garwood.
A jeopardy tax assessment allows the state to recoup unpaid taxes by seizing property immediately without notice or a court hearing.
On June 2, 2009, state revenue and attorney general's officials visited the Garwoods and demanded immediate payment of approximately $142,000 from each woman for unpaid sales taxes, interest and penalties from their puppy sales.
When the women couldn't pay immediately, Indiana State Police and Humane Society members seized the dogs on behalf of the state. The state sold the dogs the next day to the Humane Society for $300.
Wentworth said the state's actions did not conform with Indiana law authorizing jeopardy tax assessments, as the Garwoods were not likely to quickly leave the state, remove property from the state, conceal their property from state officials or impair the collection of taxes.
"The department wielded the power of jeopardy assessments as a sword to eliminate a socially undesirable activity and close down a suspected 'puppy mill,' not to fill the state's coffers with the tax liabilities the Garwoods purportedly owed," Wentworth said, noting the 240 dogs were worth far more than $300.
Bryan Corbin, spokesman for Attorney General Greg Zoeller, said the state plans to appeal the ruling to the Indiana Supreme Court.
In a separate criminal case, the Garwoods both pleaded guilty to failure to collect sales taxes.
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"I tell you that the great cities rest upon these broad and fertile
prairies. Burn down your cities and leave our farms, and your cities will
spring up again as if by magic. But destroy our farms and the grass will
grow in the streets of every city in the country." William Jennings Bryan,
1896
-----Original Message-----
From: Reynnells, Richard [mailto:
[email protected]]
Sent: Thursday, November 10, 2011 8:59 AM
Subject: FW: <> NovaScotia animal law change
fyi
-----Original Message-----
NovaScotia animal law change
http://www.winnipegfreepress.com/business/agriculture/changes-would-see-nova
-scotia-recover-costs-from-owners-in-animal-cruelty-cases-133486568.html
Wow, that's a short waiting period for a bond! After 72 hours of seizure,
they can turn around and sell your animals....
