State threatens suit against boat hobbyists
Posted: Feb 08, 2012 6:27 PM ESTUpdated: Feb 08, 2012 8:37 PM EST
MURFREESBORO, TN (WSMV) -
The Tennessee Department of Revenue is threatening court action against a Murfreesboro man who built a small wooden boat in his garage with his 7-year-old son.
The state says that makes him a boat dealer and subject to paying extra taxes.
The boat is 14 feet long and made of wood. The family ordered the plans over the Internet because 7-year-old Carter loves to fish with his dad.
But when the Kings registered their boat and paid the boat registration fees, the nightmare started.
Letters from the Tennessee Department of Revenue say that because the Kings are boat dealers and manufacturers, they have to pay $539 dollars in taxes on the boat.
Johnathan King thought there was a mistake, so he called the auditor assigned to his case.
"I explained to them that this is just a wooden craft built in the garage, and they indicated that they knew that that was what this was," King says.
Revenue didn't back down from insisting they were dealers, and warned the family the state could get injunctions or even pursue misdemeanor charges if they didn't pay the taxes.
"If we don't, they could file liens and levies against the craft," King says.
"To say it politely, I think it's quite silly," he says.
How could something you build in your own garage for your own use make you a dealer?
We asked the Department of Revenue for an interview. They said they couldn't discuss the cases of individual taxpayers, and said that no one was available to speak about the issue, even in general terms.
Johnathan King says there's no way he's a dealer; this boat is intended to be a family heirloom that will be passed to his son's children.
"It'll never be for sale," he says. "He would be very upset, yes."
Copyright 2012 WSMV (Meredith Corporation). All rights reserved.
12 comments:
Are you Friggin' serious? What a load of State horse crap! What Freedomthis country is going straight to Hell in a handbasket.
Mr. King let Tennessee govt officials know your friends from above are watching!
Sounds like Obama and the democrats are involved in this. This is a big case of nothing - probably uneducated people on an ego trip trying to feel important. The guy should get an attorney and file a lawsuit but on the other hand you can't sue stupid - or can you?
Sounds to me like someone has a grudge, and it taking it out on Mr. King. This is clearly personal, when someone says they cant spare time to have a meeting, or that no one is available to negotiate, thats personal. This is nothing more than little babies throwing a tantrum, no adults are currently making this a matter for him, just childish assholes.
Check the Constitutionality of this move, looks like it Violates the "Life, Liberty,& pursuit of Happiness" clause !
His problems are not with Tennessee State. The Department of Revenue is not from Tennessee State. His problems are coming from a department of the State of Tennessee Corporation. Tennessee State has no Department of Revenue. His problem is very easy to solve; all he has to do is write a registered letter to the Department of Revenue in the State of Tennessee Corporation demanding them to confirm that the alleged offense took place in the State of Tennessee and sign below a perjury statement. Give them 20 days for estoppel.
State of Tennessee = private corporation existing only on paper. It is pretending to be Tennessee State.
Tennessee State = the vacated, empty "one of the several States", a sovereign entity referred to in the Constitution. In Tennessee State, there is no Governor, no police, no courts, no Department of Revenue, no nothing. All administrative offices in Tennessee State were vacated no later than the mid-sixties.
TELL HIM THAT YOU'LL ACCEPT HIS OFFER, UPON PROOF OF CLAIM. Make them show you where they have the authority to make such claims against you. You'd be surprised to know that they don't but we are to stupid to know that. They can't come up with proof because there is none. Their just greedy and hurting for money. So go ahead and send them a registered letter demanding validation of their claim against you. You'll never hear from them.
The best answer is the one from Anonymous Feb.9, 2012 01:08AM The charges against this man are completely fraudulent. He is neither a broker or a dealer, he has not sold anything, nor does he intend to. He is a hobbyist who made it a hobby to build a boat with his son in his garage. It doesn't matter if the size of the boat is model size or normal size. He should definitely not agree with their terms of claiming he is a dealer.
We need to see the future but do not target what people can do for themselves. Actually, IRS or the department od revenue have never help the citizen to build their lives but to collect from them.
We American must stand up and bring back our republic to the people. We shold not let these corrupt people to suck in our lives.
He "registered their boat and paid the boat registration fees,".
It was a hobby, a craft until he gave it to the State.
All registered 'things' are presumed to be state property.
He entered into a contract for performance without realizing it.
Choice 1. Pay the $539, this year and not re-register the boat next year. And deal with the consequences of not re-registering if they want to come after him for that.
Choice 2. Donate the boat to charity. Build another boat and don't register it.
Choice 3. If he knows how to keep their legal process from forcing him into further performance, (without hiring an attorney), he could stop them from trespassing on his freedoms, by not contracting with their courts and if forced to; indicate the duress or coercion he was forced into; on all documents he signs.
Choice 4. Something not mentioned but the opportunities are infinite it's just that t.v. will never teach him what to do, and public education never did teach him enough of what to do in this situation.
Many do estoppel processes and don't know how to stay out of their system while they are enforcing an estoppel.
A contract will cross this man, if it hasn't already, and he will (or has) sign(ed) on the dotted line without indicating 'he didn't want to enter into the contract (duress/coercion)'. A regular/normal signature on any contract would be an indication someone willingly entered into a contract.
Any piece of paper that requires a signature is a contract.
He probably should get rid of this hot potato and start learning about the world he lives in so he can protect his rights. He can't protect them once he's behind bars or has signed documents (they put before him) to pay these liens or levys they want to place on him.
Nancy,
I would like to contact this guy and learn more about the problem. In most counties, before they will let you register the boat you must have a hull number. Boat manufacturers assign these hull numbers. In order to get a hull number for a homemade boat, you must show receipts that indicate you have paid the sales tax on the materials that went into building the boat. Since they allowed him to register it, he must have been assigned a hull number. Sounds like the "State" is saying that "since only manufacturers can assign hull numbers, he is a manufacturer, therefore he owes us xxx amount - which I guess is an amount the manufacturers have to pay for their cost of prodution?? ... very confusing. The State is WRONG about this!!
Look up UCADIA University on line. It will teach you how to become the executor of your estate and you can learn how to nullify this debt.
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