Gibson Family Pit Bulls

EVERYONE, EVERYWHERE! Indiana has set a precedent with its "as yet

unproven" evasion of taxes case against the Garwoods of Mauckport,

Indiana, that is now being followed by other states. TN has a case

pending similar to what just occurred in Indiana...seizing dogs for

alleged "unpaid sales tax." The CA Franchise Tax Board is now sending

out letters to dog owners who have been identified as possibly "selling

dogs."

Permission to cross post everywhere!

Permission to cross post granted.

In California a friend got a letter from the "Tax Board" dated

6-10-2009. Seems that "someone" went on the AKC web site and must have

used a link to the our national breed club to find names of potential

puppy sellers.

Here's part of her message regarding the letter from the California

State Board of Equalization:

/ /Just this morning I received a letter from the Ca State Board of

Equalization saying that they had gotten information from the American

Kennel Club Web site that I might be selling animals and I needed a

seller's permit.  I just phoned the American Kennel Club to inquire as to whether or

not they provide information and if there is a list on their web site of

breeders. AKC says that their web site information is not provided to

agencies like that. There is a link on the web site to our National

club's web site and breeders list...I am sure that is where California

got my name and address.  Now I have to respond within 30 days...Oh yes...and...the letter says that if we purchase a dog from someone out of the state of

California, we are required to pay a "use" tax. -end-

After reading this and the actual letter, I asked if anyone knew of

others that had gotten letters such as my friend rec'd. I asked on a

list with people in multiple breeds in multiple states. And got a reply

with the following:

I'm guessing this is HSUS/PeTA lead after the "sting" in

Indiana where they seized a commercial kennel (took the dogs) for sales

taxes owed. It worked there, I'm guessing they are now scanning

throughout the country. The Indiana governor "thanked" HSUS for bringing

the lapse to their attention.  It worked once, likely to work again. -end-

So it seems H$U$/PeTA was behind a TAX issue in another state. I wonder

if H$US and/or PeTA are doing this in CA. Because in my opinion, now

they are going after the good guys.. Going after people that don't sell

puppies such as my friend in CA. Going after people that don't sell

puppies is something I find to be an absolute waste of time, energy and

money ..in other words typical waste of generously donated

dollars people give to the H$U$ and/or PeTA.. -As far as I can tell the

H$U$ is an AR group that operates ZERO shelters. And PeTA, also an AR

group has a single "shelter". A shelter with a kill rate well over 90%.

I also feel this is also a waste of a State employee's time. Someone had

to write the letter, print it, mail it, file the copy, open a file in my

friends name to be tracked. And some state employee is going to have to

read what ever is sent back and update the file. Then will argue even

though she sold no puppies she owes for something. I figure this

single letter costs our state quite a few actual dollars: the

employee's time (to research and write the letter, paid to a person),

paper and envelope, fuel (to deliver), the postage (paid to the USPS),

electricity (to print, fold and stamp, paid to PG&E), and that is just

to produce the letter. There is also all the processing and file

updating, mailroom, delivery to the right person... phone calls "if you

have any questions you may call me".

I have no legal background. But feel that if the Tax Board thinks you

owe them money in sales tax, that its up to them to prove you do and how

much, -BUT- that's only IF you do NOT already have a sellers permit.

Because if you have a resale license you may have signed off on allowing

them the burden of proof by applying for one. My friend does have a

kennel permit (for her personal dogs), so that may have been used as

well. I do know you give up many of your rights when you apply for a

kennel permit. -where I live, you grant unannounced inspections just for

applying for a permit.

How do you prove you are not selling puppies? I can see how you can

show proof that you have.. but how do you prove somethibg that does not

exist?

So be warned.. Cities and States are hard up for money. They are going

after every penny they can get. And they are using anything they can,

to do so. I, myself paid dearly on a technicality, several months ago.

I had to pay fines that were basically DOUBLE the lic fee to my city.

I had a small retail space I rented in another city where I sold my

books and crafts. Turned out I needed a business license in my city

simply because I had a sellers permit with the State of CA. It should

be noted, I owed zero sales tax because I have faithfully paid my sales

taxes each and every year.

So, be warned BIG BROTHER is out there.