In this post one of our KICK-ASS READERS takes a moment to answer a question and provide context that local media never have time to report.
The upshot . . .
KANSAS CITY TAXPAYERS NEED POLITICAL HELP TO OVERCOME THE NEW OBSTACLES CITY HALL HAS IMPOSED ON THE REFUND PROCESS!!!
Again, we thank one of our AWESOME READERS for making it plain.
For the record . . . This is NOT legal advice and we're not a lawyer . . . In fact, this note seems to advocate for a solution at the ballot box.
Here's the word . . .
Your reader who is unsure of how to sustain a protest "made and sustained" pursuant to RSMO 139.031 can be informed that, in my opinion, he will have to:
1) Protest each and every tax payment made to KCMO. These are typically made by the employer on a monthly, quarterly or annual basis, depending on the amount of e-tax withheld.
2) Then, file a lawsuit for each and every tax payment made to KCMO. Here is the relevant text of the statute: "Every taxpayer protesting the payment of current taxes under subsection 1 of this section shall, within ninety days after filing his protest, commence an action against the collector by filing a petition for the recovery of the amount protested in the circuit court of the county in which the collector maintains his office." Id. at 2, second sentence.
3) Prosecute said lawsuit for every single tax payment at $250.00 an hour. It takes about $5K to prosecute the most basic lawsuit in Jackson County to bench verdict.
Obviously, this posture is designed to make the process impossible for the normal taxpayer, and really requires the intervention of a taxpayer rights organization (looking at you, Show Me Institute) to challenge the City's interpretation in light of Supreme Court precedent.
Developing . . .