Tuesday, December 8, 2009

who is paying

At the last Borough meeting, our solicitor, Keith Kilgore, described how he is requesting to look at individual residents' tax filings (for years 2004 through 2006, presumed) in the process of representing us in this EIT "over/under payment" settlement debate.

Since he, and his law firm partner, represent allegedly overpaid municipalities (our category) AND alleged underpaid municipalities in this discussion, I have three questions for him:

1. Is he charging us for his time spent requesting and reviewing those tax returns and associated documents?

2. And when he gleans information from reviewing those documents, how much of that is he going to share with the other municipalities--like the alleged underpaids that he or his law firm partner represent?

3. And what does he expect to learn that will really address this issue?

If Foltz was indeed embezzling EIT payments, he likely was pulling individual local tax filings as his office received them and absconding, in some way with the individual's payment--and destroying the actual filing. Which means that a review of even local filings for the period in question will likely show some filings missing. Maybe the individual DID file local EIT filings and someone took the file, or maybe the individual did NOT file at all. Either way, Kilgore is likely to find that even some Mt. Gretna residents have no local file in those Iron Mountain boxes. If he does find that, will he really "report" that to the appropriate authorities, no matter who it may be without a local file?

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