Business Personal Property Lawsuit

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missbell

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My husband is being sued for personal business property taxes-1998-2007. I had a business in a flea market during that time. They sent conflicting tax bills-one was in my name and one was in my husband's name. (The business was never in his name.) The amounts were different, even though it was for the same location and the same time period, and the same merchandise. I have to file an answer and am using statute of limitations as an affirmative defense, as well as others. Is this a valid defense? I can't afford a lawyer and will have to represent myself. When filing my answer, do I have to attach the conflicting tax bills and the tax code showing that there is a statute of limitations? I must file by 2-17-09. Please help. Thank you.
 
Yes, if you are pleading that the tax bill is outside the limitation period, you should plead the statute. I have no idea whether it's a valid defense in your circumstances.

In what way do the bills conflict? I see possible duplicate taxation. I don't see conflict. I suspect you don't need to attach the duplicate bills to plead the limitation defence. You probably would need to attach the duplicate bills if you were also pleading that your husband's bill was in error because the business was yours and you paid the taxes.
 
Yes, if you are pleading that the tax bill is outside the limitation period, you should plead the statute. I have no idea whether it's a valid defense in your circumstances.

In what way do the bills conflict? I see possible duplicate taxation. I don't see conflict. I suspect you don't need to attach the duplicate bills to plead the limitation defence. You probably would need to attach the duplicate bills if you were also pleading that your husband's bill was in error because the business was yours and you paid the taxes.
The bills conflict in that they say I owe $4500.00 for this time period and that my husband owes $38,000.00 for this time period. This is the same location and the same time period. How can that be? So, do I need to attach the two different bills to my answer or just wait to show this in court?

Section 33.05 of the tax code states: "Personal property may not be seized and a suit may not be filed: to colloect tax on personal property that has been delinquent more than four years." It goes on to say that "A tax delinquent for more than the limitation period prescribed by this section and any penalty and interest on the tax is presumed paid unless a suit to collect the tax is pending." (This is where I get confused.)
 
I'm neither an American nor a tax lawyer - I suggest you consult someone who is both.

My two cents: I still don't see there's necessarily a conflict here Possibly they are assessing you for one thing and your husband for another. Given that the amounts are radically different, that seems likely. If, as you contend, you are being assessed for the same thing, why is his bill nearly 10x yours? I don't know what the answer is, but something doesn't add up.

As I read that statute, the state can still sue for the last 4 years of taxes. So, if it applies, it's still not a complete defence.
 
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