"The Official Portrait of Miss InDiana"

"The Official Portrait of Miss InDiana"
aka "Miss Victory"

Friday, November 30, 2007

FLAG CODE: Rules for flying our flag upside down

Our Flag Representing Our State in Distress!
Title 4, United States Code, (The Flag Code) Chapter 1, Article 8, section (a)
The flag should never be displayed with the union down, except as signal of dire distress in instances of extreme danger to life or property.
The United States Flag code is not law, but rather a codification of custom, and presented as guidance to the citizens, not an ordinance. The various military services and Federal agencies, do in some instances, have regulations consistent with the United States code.

Indiana Code, Title 1, Article 2.
Defines the flag design and gives specific instructions to government agencies to display the same but offers little guidance on flag courtesy. The primary concern is that a new flag be flown over the capital building every day so that each legislator may be be given up to two per year, free of charge.

Similarly, Flying the US flag over the United States Capital is something of a production line operation so that legislators and many other's may have flags flown over the capital. There are special workers who raise and lower many US flags all day long so big shots can have flags to give away. You may judge for yourself how respectful this is to the spirit of the US flag.

Other than that, the Indian code provides no guidance on courtesy except instructions for disposal consistent with Chapter 4 of the United States Code, Section 8. By this it may be safe to assume that to the degree the legislature has been interested in flag etiquette it has assumed the customary usage cited in the US code.

PRESS RELEASE: Politicians to deposit their pork at the State House door on Monday!

Media Contact:Max Katz
765-409-6669 or 317-938-8913

House Ways & Means Committee
Monday, December 3rd, 7:30am to 10am
Activists to greet legislators with barrel for their pork deposits
Property tax activists welcome politicians seeking re-election to bring their pork to the House Ways & Means Meeting on Monday and donate it to the citizens' pork barrel before entering the House to conduct the People's business. Lobbyists are welcome to deposit their pork at the door too.
Representatives of several property tax repeal and government accountability groups plan to speak to our elected representatives so the position of the citizens who pay the state's bills is known. Their position is that the only moral, legal, and mutually agreeable solution to the property tax crisis is for elimination of property tax.


State stashes BILLIONS of your money & has huge cash reserves

The 2006 INDIANA CAFR is in the activists' hands

This report is called the "Comprehensive Annual Financial Report" and it is published by each state every single year. The report is purposely complicated. It tells how much money is off budget. You will be surprised to learn that Indiana's politicians have squirreled away enough of our money so that we would not have to collect tax at all for several years. Big thumbs up to One Tax Bill From Homeless for having the kahunas to be the latest to bring this to public light.

Activists around the capitol are busy now crunching the numbers inside this report so that you can know what is really going on while you aren't watching the politicians. This is the last thing the politicians want YOU to find out!

FreedomLaw.com, authored by an Indiana attorney and freedom activist, published information on the CAFR more than 10 years ago and says:

"CAFR: The Comprehensive Annual Financial Report is an important and vital key to understanding government and its insatiable appetite. The information at
this area
does not seek to determine guilt or innocence, but rather to
educate those that are being taxed into oblivion as to the existence of this
very carefully held secret. "

Thursday, November 29, 2007

Who is the Indiana Voters League?

This PAC was instrumental in helping throw incumbent Bart Peterson out of office and usher in the unbelieveable victory of Mayor-elect Greg Ballard.

Indiana Voters League:
"Trust, Transparency, and Thrift in our Government"

Ken Morgan, Founder

The Indiana Voters League is a coalition of concerned citizens. It is the political arm of many separate groups. It is a loose alliance of people motivated to make changes in Indiana politics. They meet in living rooms and church basements and they seek ways to illuminate the fog that clouds the workings of our government.
They are angry and ready to work to defeat candidates. They want to do this outside the political party system because the political parties do not seem trustworthy. The primary concern of these people is runaway spending and oppressive taxation, but graft and incompetence are also large in their minds. Indiana law, incredibly, compels citizens to report their political speech to the government if that speech costs a hundred dollars or more to make.
If you pass out a flyer condemning or praising a candidate and you spend a hundred dollars doing it, you have to report it or be charged with a misdemeanor and a fine of $1000. Thus, we registered the Indiana Voters League with the state as a Political Action Committee (PAC). Unlike most PACs, we are not funded by big business, or moneyed interests. We are hardly funded at all. Our money comes out of people’s small change. Our contributions and our expenditures are meager. What we have is a network of voters. So far we have spent about $2000 dollars. In terms of political races that is a paltry sum.We don’t need much money because of the way we use it.
Building and working a network of voters is what we do. We build consensus for or against candidates, hand out flyers, hold pitch in suppers in homes, and talk with folks when we are pumping gas. We seek to harness the outrage that has put Indianans demonstrating on the street and focus that outrage at the polls.
The demonstrators you see are the tip of an iceberg. Submerged underneath a surface of a dozen demonstrators is a mass of hardened people ready to tear the hull of what is seen as titanic coruption and incompetence. For the 2007 mayoral race in Indianapolis, we printed 40,000 slate card. Through a chain of relationships we handed out as many out as we could prior to the election. Most of the rest we managed to hand out on Election Day by manning polling stations where there was the greatest chance of unseating an incumbent we did not trust.
We endorsed incumbents, mostly republican, but also a few democrats, who were people we thought had shown a record of integrity and fiscal conservatism. Mostly we opposed incumbents. Whichever party is in power in a local jurisdiction is most likely to be our target.
Our goal is to throw out incumbents who do not appear to be acting like statesmen. We will do this until we have enough statesmen and women in office that we can trust our government again.

You decide: Should Representative Vanessa Summers get "flushed" in 2008

Indiana State Representative Vanessa Summers
It is no secret that many readers of this blog also listen to local radio personality Abdul Hakim Shabazz every morning from 6am to 10am on WXNT AM 1430. Abdul blows the lid off city corruption, closed government, sneaky shenanigans, and busts his butt to be everywhere anything political is happening. In a nutshell, Abdul works very hard. We understand he also plays hard.
Imagine our surprise when we learned this morning that an Indiana state representative is publicly attacking a journalist on the airwaves. Believe it or not, this public official demands that Abdul be fired from his jobs! Jobs, as in plural. Abdul teaches college, works as a comedian, is a lawyer, and host of his popular morning show.
I'm sure that politicians like Vanessa prefer to rid Indiana of all its hard news journalists who aren't too lazy to work hard, dig deep, ask the tough questions, and bring The People knowledge of what is going on inside their elected government. That would allow her and her cronies to continue unchecked.
We tried to call her office this morning to ask why she is demanding Abdul be fired, but her office phone is not working. We also checked her position on property tax repeal and she likes taxing your property.
We encourage you to send letters to Ms. Summers to voice your concerns. And you are not happy with her behavior, use your power to fire her and end her political career in November 2008! When you call, be sure to remind her that it was Abdul who alerted this blog's founder and the activist who organizes the Indiana Tea Parties about the property tax crisis before it was upon us. The information he provides to our activists is invaluable. And while he might be a tad bit arrogant, we think we'll keep him.

Flushing away Indiana's waste

Click for larger image
Copyright free art...anyone can re-publish anywhere, anytime
Thanks "Rinkydink"!
Representative Bauer? Who are you going to listen to? The I$TA or Indiana's voters? It's time you started working for us and not the lobbyi$t group.
For those that don't know, the Indiana State Teachers Association came out with their plan for property tax "reform". Their "reform" as they call it, advocates keeping the status quo. Pat Bauer laps up whatever they serve, regardless of what Indiana's people want.
Our prediction is that old Pat Bauer is gonna get flushed down the commode with the rest of Indiana's waste!

Wednesday, November 28, 2007

Weighted Funding for Schools -- A solution too smart for the ISTA educrats

Indiana Policy Review White Paper -- Weighted Student Funding

The author, who over the last year has been meeting with Indiana state legislators and others here to discuss alternative ways to fund Hoosier public schools, is one of the nation’s foremost experts on school reform. In this FAQ she answers critical questions about how a Weighted Student Formula could fundamentally reshape school finance and performance in Indiana, particularly in regard to the state’s large achievement gap.
EDUCRATS: Get a clue!

The Howey Report: "THE REFORMATORY' comes to Indiana politics

click image for larger view of the article
re-printed with permission

Much talk (some not so nice) has been made about this site's founder and tax activist Melyssa Donaghy's former career. Beverly Phillips, contributor to the The Howey Report, interviewed Melyssa several weeks ago and this article was published the day after Ballard's against-all-odds mayoral victory.
For those of you not dialed into all things political, The Howey Report is a subscription based political analysis report that most legislators purchase. Brian Howey, the founder, makes weekly guest appearances on the Abdul in The Morning show on WXNT AM1430. Brian gets interviews with them all from the Governor to the dominatrix. Brian's politics tend be be straight down the center aisle. He's a balanced guy.
We have permission to publish the interview with Melyssa on this website because it directly relates to her activism. If Melyssa's activism is important enough for a full page in The Howey Report, we know we're getting through to the politicians in spite of what tax activists' antagonist Jenn Wagner of TDW says. For those that don't know, Wagner is the communications director for the State Democrat Party and didn't make friends in any party when she attempted to label the hundreds of tax protestors at the non-partisan Indiana Tea Party as "attention-starved".

You can believe with full conviction that Melyssa won't stop until every citizen in the state owns their power to control their government and persons of honor are in control of our beloved state of Indiana.

Message to the assessors....we totally understand it is not your fault

Our dear flag flown upside down signifies our utter distress

If this is the "Best" they can do, it's time to get rid of the system. It is our position that our property tax collection and assessing system is broken down, cumbersome, utterly confusing, unfair, illegal, immoral, and unfixable. None of this mess is the fault of the assessors either. As far as we are concerned, the assessors are off the hook for the blame.
--HFFT editor

Property taxes
State tells assessors: We need data now

County officials bridle at threats, say they're doing their best under difficult circumstances
Indianapolis Star
By Mary Beth Schneider

The state sent a tough message to county assessors Tuesday: Turn in your property tax data by Dec. 10 or else.

The "or else" ranges from revoking an assessor's certification for up to a year to denying property tax replacement funds from the state.

The state Department of Local Government Finance said Tuesday that 23 counties, including Boone, Hendricks and Johnson, have missed deadlines for submitting property tax data to the state.

The information is needed as the first step toward getting property tax bills completed on time in 2008. The data originally were due Oct. 1, but department Commissioner Cheryl Musgrave extended the deadline to Nov. 15.

"Delinquent data is an indication that 2008 tax bills may not go out on time, and counties may have to borrow in 2008 to fund services to taxpayers," Musgrave said in a statement.

The ramifications of the threat to revoke an assessor's certification are minimal. An assessor can continue to work and be paid. A new state law bars assessors or candidates for assessor for running for election in 2010 if they are not certified as having the necessary skills. But this revocation could last only a year, ending before the next election.

Agency spokeswoman Mary Jane Michalak said the state understands that assessors are working hard, but the intent is "to send a message" to counties that they have to fulfill their statutory obligations.

She said additional counties are delinquent but have contacted the state to explain their circumstances.

"We have not received answers from these counties," she said of the 23 on the list.
Assessors, though, disagreed.

"That's not true," said Johnson County Assessor Marla Hash, who said she had told the state that her office was still collecting data on new construction.

"We're working as hard as we can," she said.

Nancy Marsh, the Hendricks County auditor who becomes county treasurer in January, also was puzzled by the threat, saying the state agency had singled out Hendricks County as one of three counties doing a good job on reassessment.

"We just had meetings a couple months ago (with Musgrave) when she expressed a spirit of cooperation. She said she would no longer use the threat of withholding (property tax replacement) funds. But now we have it again," Marsh said.

"We're getting mixed messages. It makes us all look bad, and that's so frustrating," she said. "It looks like (state officials) want to make it all look like someone else's fault, but there is plenty of blame to go around."

Marsh said the state's threats are unfair. Hendricks and other counties have had an unprecedented number of appeals from the last reassessment at the same time the legislature has required counties to calculate and mail tens of thousands of partial refund checks, all with the same staff.

Call Star reporter Mary Beth Schneider at (317) 444-2772.

School Superintendents get more $$$ than the Mayor & Governor

Ok, so you want to know why the ISTA lobbies your legislator so hard to maintain the status quo to illegally collect your property tax money in direct violation of Article 8 of the Indiana Constitution?

Just take a look at the Superintendent's salaries for a tiny hint. We'll work on getting you lists of the top heavy layers of administrators that are also getting lots of your bucks too.

Poor teachers don't get much of your money, inspite of the fact that the real work is done by them.

Tuesday, November 27, 2007

Indy Tax Dollars offers awesome revenue generating ideas

Maybe the legislators will listen to an actual real economist for once, but we're not counting on it. They seem to think politicians (you know the ones who break the law and steal from us) make the most sense.

Anyway, Fred McCarthy the economics schooled editor of Indy Tax Dollars, offers some awesome out of the box suggestions for the pigs over at the Capital Improvement Board (The CIB). That's the group Bart Peterson's best friend, Fred Glass, was appointed to head. That's the buffoon that negotiated the Colts' stadium deal without factoring in the operating budget estimated at another $10 million hit on the taxpayers.

Not only that, but today Advance Indiana reports that we're picking up another $10 million of the cost of the new scoreboard at the stadium. Guess how much Ir$say pays? He's chipping in $1.75 million! Do you think the city will keep the majority of the advertising revenues generated on that scoreboard or will they go to that other little piggie, Ir$say?

Maybe the other Fred's ideas (the good Fred McCarthy) will take hold with the CIB. It's time the status quo changed around here!

Did you read the story closely? The taxpayer money is being siphoned off the 'contingency' money - that's supposed to be set aside for problems or unexpected additional costs associated with the project. That should NOT include 'oh we want to add some video screens.' THAT was simply a way to hide some of the cost of the project from front-end scrutiny. What's worse, suppose there IS a real unforeseen problem in the next 10 months? Oops, the contingency money is being spent for TVs. So sorry, just cough up some more tax dollars.

The Educrat Army (ISTA) declares Pat Bauer general!

Rep. Pat Bauer
Washington Township Educrat James Mervilde

What did we tell you? Those school administration spending units are not going to give up their property tax feeding troughs without a fight. They are rallying around Majority Leader Pat Bauer for support.
We think Pat Bauer embodies the very essence of pig-like greed. There is good reason he's a good 200 lbs overweight. Ever think of that? We say Pat Bauer has lived high off the taxpayers trough for too long now. It won't be long before the "tax nuts" put on an Indiana Tea Party right in his back yard of South Bend. The activists up there are in contact with us.
Bauer says when teachers speak, people listen. Evidently he's too stupid to realize that these are not teachers doing the speaking, the ISTA is the voice of the educrat.
Pat Bauer be warned. YOUR head is on the taxpayers' guillotine! You will likely suffer the same fate as Bart Peterson did unless you change your immoral, wicked ways very quickly.

'Citizen Anonymous' makes logical argument for repeal

Flag shown upside-down as international symbol of distress
Muncie has a strong, independent property tax movement. Today the Muncie newpaper reported the views of several realtor and citizen groups. One of their readers left the anonymous comment that we are sharing with you on our blog. We wish we knew this person. Do you think he or she sounds like a "taxnut"? We think a logical argument was made. The only thing missing is FORCING our politicians to obey the RULE OF LAW. -- HFFT editor
It is clear that no Political Party now in existence wants to Eliminate Property Tax altogether. We The People on the other hand can Force it if we have the will to stage a Tax Revolt in such a way and duration as to Force Change.
1. If "all" property Taxes in all forms were eliminated, it would "free up" investment money to apply in other areas, home improvements, business improvements, wages, grounds improvements and general Maintenance on existing buildings and grounds that require up-keep after coming into existence.
2. If "all" property Taxes in all forms were eliminated, there would be NO Need for Assessors and much of code enforcement would also dwindle in need for enforcement officers. Not to mention support staff in thier offices.
3. If "all" property taxes in all forms were eliminated, there would be No need to have such complicated tax break methods. Save may be Energy Tax Credits for "Certain" Energy saving products that Government wanted to push use of and save National Energy dollars on.
4. If "all" property taxes in all forms were eliminated, there would a general reduction in shysters of all forms due to the leagle system having less need in the associated areas.
5. If "all" property taxes in all forms were eliminated, there would be NO MORE GUARENTEED income to the Government to spend then tax. They would be forced to respond to changes in economy and joblessness the same as the Populations they serve have to.
6. If "all" property taxes in all forms were eliminated, there would be more development of undeveloped lands. To protect agriculture and deter urban blight, State, County and City/townships may want to "Create" business enterprise zones along the "Best" most advantageous routs into and out of existing and planned urban populated areas and only lease to use them; after developing the infrastructure to support the "Main" use for commerce. Followed by a Support area, then residential/small business area and finally an agriculture only area, not to be developed in relation to green space and agriculture needs now and for the future.
7. If "all" property taxes in all forms were eliminated, we could truely compete on a global basis and not be hamstrung by higher cost of development then is necessary for our products to be of equal or better value then is produced in their own country.
8. If "all" property taxes in all forms were eliminated, we would NEVER EVER Again be subject to Tax Warrant Seizures in hard Medical, economic times of our lives, and except for Eminent Domain issues be secure in our Homes, Property, Papers, from search and seizure except for having engaged in a criminal activity.
9. If "all" property taxes in all forms were eliminated, we could indeed replace them with other forms NOT Impacting the aged and needy beyond reason, by instituting "Thresholds" that exempt BASIC life and living amounts, indexed to the Cost of Living and Poverty indexes already in use by other government agencies and able to be "simply" applied.
10. If "all" property Taxes in all forms were eliminated, We as a people could choose what level we are taxed at by our spending on other then basic essentials, or by participating in Luxury activities, and purchases of obvious non-essentials. Keep basic needs basic, eliminate all deductions except for National/State or Local initiatives to fund certain common advantages and tax the rest as a value added tax that is administrated at the lowest possible administrative level and at least 90 or more percent go into the fund to do whatever work/program needs be done. or funded.
We don't need a lot of complicated methods to tackle something as simple as taxing, what needs to be taxed to raise money and remove the present Jeopardy we now have in the form of Property Taxes.
Allowing a graduated or progressive tax starting at Poverty or near enough to it to pay for public assistance in some form is a starting point, graduate it every $10,000.00 by 1/4 of a percent and cap it at a maximum of 15% of gross income.
Keep Sales taxes no higher (match % by % with areas around us) Look to the things that are "discretionary" as opposed to needful, for further taxation.
We already pay fees, tax and more on many items that are become more needful in our present society then discretionary. So in essence the Poor that can afford to have the basic necessities are already paying some of their burden on society. Let's just not make it oppressively hard on fixed, elderly and working poor folks.
But by all means available; let us cut Government Bloat to the lean and if necessary be somewhat mean about it. Needed is just that. Not calling a desire a needs is very important in this process, and we can't allow ourselves to look at federal and state mandates as absolutes, but challenge them in superior court if necessary if we can't or won't afford them.
We need to look at the Mean Average without Government Wages, pensions, and Salaries included; and only look at the "Productive Wage Earning element of Society when figuring our Economic forecasts.

Mortgage escrow increases ...property owners attempt to cancel escrow payments

Indiana Flag in State of Distress


If your mortgage company pays your property tax via your escrow account, you’d better call them to see not just what they did in the Spring,’07, but what may have happened since then. We all know that many sent double payments, based on the double orders from the Dept. Gov. & Finance stemming from the Governor’s reversion to the 2006 payment rate. While waiting for the November bill to arrive which showed a 100.00 credit (at least until the final reassessment next year), it should have been much more, but the Marion County Treasurers could not tell me how much they originally collected into their account; only whether I owed or had a credit. Amazed at their inability as a public treasurer to keep track of total money intake, I called my mortgage company who confirmed that 600.00 was returned to my mortgage escrow account in August WITHOUT MY KNOWLEDGE or NOTIFICATION.

Secondly, those who overpaid and the treasurers office kept it, pending a final adjustment next year, could experience a coma when they open their 2008 installment coupon booklets, because the mortgage company would have factored in what was disbursed for 2007 and recalculated that inflated figure into your 2008 payments. This is going to be another big mess and certainly worth a phone call now to avert an administrative Katrina coming your way.

Patriot Paul
Editor's Note: Marion County Treasurer Michael Rodman is putting his hat in the ring for Julia Carson's unoccupied 7th District Congressional seat. If he's not competent to be treasurer, why would he be competent to represent us on Capitol Hill?

We noticed this week that many Indiana residents are landing on our site by googling different combinations of the words "escrow cancellation". We hear people are getting socked with statements from their mortgage companies claiming that their mortgage payments need to be raised in anticipation of escrow shortages to cover the fact that our homes are being used as collateral (without our consent) against the state's debt. You won't have much luck cancelling your escrow without a complete refinance of your home. Getting a refinance is extra difficult these days due to the home foreclosure crisis coupled with the property tax crisis.

Monday, November 26, 2007

Must read tax news by journalists around Indiana

Indiana Flag is displayed upside down as our Citizens'
Declaration of Distress

- The Muncie paper actually has articles, Ms. Ryerson.
- Robber, robs robber. Robbed, robbed redundantly. Really!

Big industry tax bill gets closer look
- Turn your head and, cough-up the cash.

Commentary by Piper

One Tax Bill From Homeless

2007 Summer of Taxpayer Protest
Meridian Street Signage

How many Marion county and residents from around the state of Indiana are one tax bill from homeless? It is likely that tens of thousands will lose their homes under the current spending habits of Indiana's politicians.

Did you know that politicians use your home as collateral against loans for all kinds of things like fancy libraries and fancy schools? Keep in mind they pay little attention to the 50% dropout rate in IPS or the fact that we don't need fancy buildings to teach kids. They pay little attention to the fact that fatcat administrators are raking in huge salaries while they are proven to be ineffective at raising graduation and test scores.

They tell you that our fire and police protection are at risk if we don't pay up, but that's not the truth. The truth is that we get plenty of money from sales and income taxes to pay for these things. The truth is that our property taxes are critical for politicians to use as collateral for the spending paid for by municipal bonds.

The people spending your money have no accountability but get loads of support from big lobbyist groups to keep up their high levels of spending. In fact, lots of people are getting rich by using YOUR HOUSE as collateral to pay for massive construction projects.

Our legislators have literally had decades to fix the mess, yet none of them did. They spent the majority of the last general assembly arguing for what amounts to legislation promoting the hatred of our state's homosexuals. They tell us they do this to protect our families, as if having property security does not protect our children.

In fact last year the legislators knew a huge property tax crisis was looming and did nothing until the very end of the session and then they slapped together this load of crap we got and the Governor signed it into law. Can't you tell how much the politicians care about you? They wanted to go home after session more than they wanted to work out a solution to this mess.
A few months later after the politicians gave us their slapped together solution...we got our crazy bills. Bills that are not consistent and bills that make no sense. Thanks politicians, this makes us trust you to know best.

We say our politicians do not care our families. We know this by their actions. We also know by their actions that they really care about keeping power, getting votes and appeasing large lobbying groups that give them big cash campaign donations in return for government contracts.

Our politicians do not fool us. We've got their number. And we intend to expose it to the public. Please link your friends here and to the websites we recommend.

Don't ever let them tell you again that your property tax is sky high to pay for sewers, police, and fire. That's a flat out lie. It is sky high to pay for lobbyist interests in exchange for votes, school board spending, insider construction company contracts, law firms, and architectual firms...all are fleecing Indiana's politicians for your money. And sadly, your politicians care more about big special interest groups, money, and power than they do about service to Indiana's citizens.

Hoosiers For Fair Taxation, as well as other activist groups around the state, intend to keep with this fight until it is won for ALL of Indiana's citizens. Please join the revolution. We need your help to win absolute property freedom and absolute property ownership.
Afterall all, when were you asked if your property could be used as collateral by the state?

Wednesday, November 21, 2007

"Thanksgiving for the Taxpayers" by Patriot Paul

Indy beauty seems thankful for Patriot Paul's faithful service
2007 NFL Opener - Indiana Tea Party

Current Mayor Peterson’s refusal to hold a joint news conference with Mayor-elect Ballard to show a smooth transition is a sad example from the president of the league of cities. Still licking his deep wounds, his lame duck administration has few bright spots except for a circle of lights event as his 8 years in office flicker out. The enormous damage done to taxpayers range from escalating taxes, a billion $ budget busting oppression, a ethics and arrogant plagued city county counsel, prejudiced police and fire department personnel, bogus numbers for minority business contracts, record foreclosures, the worse property tax debacle in history that documents show they knew was coming, a library run amuck in millions in overcosts, just to name a few.

What is so special about this thanksgiving? Tax payers need to thank themselves! They voted out culprits they held responsible for this mess by changing the guard in the mayor’s office, changing the complexion of the CCC, and changing the debate from everyday ho-hum business to property tax reform mania with tax forums, neighborhood association meetings, and media saturated with protestors. Historically, Indiana has never seen these exact events unfold and certainly not tax assessment Tea Party dunkings, Indians, Patriots, Pirates, Pinhead, Grim Reaper, Ghost firemen, coffins, and whatever else elevated awareness, including putting State lawmakers on notice that a coffin is reserved for them in November for failure to permanently fix a broken system they have presided over for years.

When you sit down with friends and relatives, give thanks to the average tax payers, many of whom sacrificed a chunk of their personal time to elevate awareness and help return to a path of fiduciary responsibility long forgotten by our public officials. The battle is just beginning, but we need to give thanks along the way.

Your faithful servant,
Paul the Patriot

Indy Star Front Page News: Organization Day funeral march for 2008 political deaths

Photo by Matt Detrich/The Star
State House Organization Day
Property Tax Protest Photo Essay
Indiana State House Organization Day Funeral March to symbolize the political end of politicans who are accountable to lobbyists before The People and who cannot manage to obey The Rule of Law.
Photo credits: The ghost of bart lies.

Tuesday, November 20, 2007

YOU TUBE CHALLENGE: The People invite each politician with a plan to the white board

Media Contact:
Ken Morgan 317-260-1828
Max Katz 765-409-6669




We invite our elected politicians to prove to us at a white board why his/her plan is the best solution to Indiana's tax crisis. Should you not indulge our sincere and reasonable request, we no doubt, will draw conclusions regarding your loyalty to humanity and the preservation and prosperity of our beloved Indiana.

Rest assured politicians. Your presentation will not cost your taxpayer employers a penny in production or expensive media buys. YOU TUBE will generously host your video at no cost to the taxpayers. You don't even need to dress up to present your plan to us at your white board. In fact, we do not mind if you wear your most comfy clothes and feel free to be your unique self. Just explain and demonstrate to us what you believe is the best course of action for Indiana and convince us that you are right.

Keep Indiana and the internet free.



Mike Sodrel stands up for The People and 100% homeownership!

Sodrel lives in New Albany and wants a seat in Congress. New Albany activists are coordinating an Indiana Tea Party on January 12, 2008. We are clear that we expect every pro-repeal politician to keep his word once elected or we will not stop until he or she is un-elected! --HFFT editor

SODREL: Property taxes need to be repealed

Local Guest Columnist, News and Tribune (Jeffersonville)

— So you think you own your home? Think again.

You are just renting your home from the government. As an Indiana home owner and fellow Hoosier, I’d like to comment on this issue of major importance to us — property taxes. The property tax issue is something that needs to be addressed by the state and local government, not the federal government.

It is an important issue for anyone who owns a home or who wants to own a home. It is important to both our farmers and to our small business owners as well. The current tax on property needs to be repealed, not reformed.

It is an expensive system to administer and to maintain. It is not fair to the taxpayer — it needs to be eliminated.

We have Hoosiers whose monthly property tax bill is now larger than their house payment. Some retired homeowners may have to sell their homes because they can no longer afford to pay their property taxes. The American dream of homeownership is turning into a nightmare for many Hoosiers. It is a budget buster for some, a hardship for many, and unfair to all.

Property taxes, in the first place, are based on “a guess.” An appraisal is an estimate of the price a home or farm might bring if it were sold. How would you like to pay income taxes based on what somebody thought you should make? An income tax appraiser could use the same system. He or she, for example, could take your age and educational level, consider any improvements made since graduation, look at the neighborhood you live in, and then guess how much income tax you should pay. That doesn’t sound like a very fair system, does it? It isn’t.

With the current property tax system, home ownership is a cruel joke. Everyone is renting their home from the government landlord. If you stop paying the government rent, you will be evicted like any other renter. Your right to continue living in your home is based on your ability to pay rent to the government. Many people find their government rent is rising faster than their income. Retirees, widows, widowers, and people living on social security and pensions, are the hardest hit. They are the people most likely to be evicted. Hoosiers on fixed incomes are already facing higher energy costs to heat their homes, and higher gasoline costs. Are we going to tax people out of their homes so we can tax someone else to build a place for them to live?

What is wrong with this picture? Taxes should not be established on a guess. And, no one should have to rent their home from the government for life. It is time to repeal the property tax.

Hoosier voters deserve a vote on the issue.

I believe the people will vote to eliminate property tax. It is the duty of our elected officials to give us that opportunity. Contact your State Senator and State Representative. Also, contact the Governor.

Tell them you want to axe the property tax and you want them to give you the right to vote on it.

Mike Sodrel is a former member of Congress as representative of Indiana’s District 9. He is currently campaining for election to that seat.

Copyright © 1999-2006 cnhi, inc.

"Property owners, get out a calculator" says Niki Kelly of the Journal Gazette

Don't be discouraged. More plans are coming that are being initiated by The People and include experts from many fields. The article below should let you know that the politicians are playing a shell game with your money. They did the math and they know their plans will cost you more. Only trust the pro-repeal politicians who bring forth plans that cut spending, introduce spending caps, and create an environment of government accountablity to The People. -HFFT editors

Property owners, get out a calculator
By Niki Kelly

Can you afford a property tax cut?

Property taxes have been a hot topic for months, and now there are competing plans and proposals on the table to bring real reform to the system.

But here is my task for you: Become educated and consider how these options will affect your pocket book.

These plans are designed to be revenue neutral statewide, but they do create winners and losers.

Let me give you an example.
The governor’s plan calls for a 1 percentage point hike in the sales tax to help cover the cost of shifting several property tax levies to state control and ultimately dropping my property tax bill by one-third.

There are also future spending controls and caps, but these are hard to predict, so I am going to focus on the immediate results.

The property taxes on my modest home in high-tax Marion County would go down about $300.
So what would I pay under the sales tax increase?

To estimate this, I reviewed several months’ worth of household spending. I did not include trips to the grocery – though some items bought there are taxed – and instead added up spending on restaurant meals, gasoline, birthday gifts, furnace filters and more.

These are everyday items and don’t include large purchases such as a car or washer and dryer.
I came up with a monthly average and multiplied by 1 percent to find that the governor’s plan would cost me about $500 a year.

Obviously under this plan I am a net loser.

A plan put forth by a bipartisan tax panel promises a 50 percent cut in property taxes but would require an additional local income tax increase of between 0.6 and 0.7 percent to get there.

(The Marion County increase would be even higher, by the way.)
Even at half off my property tax bill, my husband and I would be net losers by more than $900.
Obviously there are winners out there under these plans – especially folks with fixed incomes and nice homes.

I’m not advocating for or against any proposal, which all have genuine merit. What I am advocating is that you do the math. Get past the rhetoric and figure out how you fare under these plans and how you want your tax dollars collected.

Maybe in the end you will decide reform is the necessary and right thing to do regardless of how you are personally affected. Maybe not.

But tell your lawmakers. They need all the information to make a wise decision.

Wanted: Tattletails & Content Writers

While we try to be everywhere there is government thieving, it is impossible without you. That's where you come in. You can anonymously leak documents directly to us and we'll help you get the information out to the public and bring wider awareness. We'll even be the middleman and feed your intelligence on to mainstream media for you.

The bottom line is that we cannot act to force government accountability if we don't know where it exists.

We also love it when you submit written content to us. Our own Patriot Paul is a great example of one of our frequent writers. We enjoy his essays and the patriotism he inspires. You can submit stories, exposes, and essays on anything you like as long as it relates to promoting government accountability.

Please send your submissions to: hoosiers.for.fair.taxation@gmail.com
Every letter we receive will receive a personal reply and might be featured on our blog. It is our hope to inspire more activism and participation from The People who love our city and our state.

Melyssa Donaghy, volunteer

Monday, November 19, 2007

James Mervilde: Washington Township School Superintendent's BLOATED CONTRACT

We thought the folks in Washington township (some of whom are facing 400%-plus property tax increases) might benefit from a peek at James Mervilde's contract. The Washington township school system is glutted with fat cat administrators who create ungodly sized budgets without so much as a minute's thought to the hardship they create upon the taxpayer. With a $250,000 salary made up of your tax dollars, I doubt the property tax crisis has much impact on Mervilde's life, do you? (Click any page for enlarged image)

"The Ballard Rules" by Greg Ballard

If you are curious to speculate about the next mayor's administration and how it will be managed, you will benefit from reading Greg Ballard's 71 page book called "The Ballard Rules". Gary Welsh of Advance Indiana and the Indianapolis Business Journal give us deeper insight to the book and our new mayor's leadership philosophy.

Tax Reform: FairTax or No Tax?

Tax Reform: FairTax or No Tax?
by activist Bonnie Hofer

Many of us long for the day when a simpler, more fair tax code will be put in place of the current incomprehensible behemoth which is currently in place. Sadly enough, the FairTax plan, with the complicated details of prebates and rebates may not be the answer, but may instead continue to allow the federal government to overspend and create just another form of complicated bureaucracy. The FairTax plan is a comprehensive proposal that replaces all federal income and payroll based taxes with a progressive national retail sales tax. Different estimates have been thrown around as to what percent Americans would have to pay in order to replace the lost government revenue. Many of the proponents of the FairTax proposal claim that the magic number for the sales tax could be as low as 23%, while groups like FactCheck.Org claim that the tax would approach 34%.

According to Presidential Candidate Ron Paul, who is often referred to as the maverick Republican Congressman from Texas, there is an easier answer. He states simply we can achieve much needed tax reform by simply abolishing the income tax and replacing it with "nothing". When Americans first hear Ron Paul say this, they are skeptical the United States could just eliminate the income tax, but as Congressman Paul states, "Individual income taxes account for only approximately one-third of federal revenue". Cutting the budget by one-third would still leave the government with approximately $1.8 trillion dollars, or roughly the equivalent of the 2000 federal budget. In Congressman Paul's opinion, Congress does not need the current $2.7 trillion dollars collected from taxpayers each year and it is pointless to discuss tax reform, without addressing spending reform.

Having never voted for and unbalance budget or a tax increase, Paul has been honored as the "Taxpayer's Friend" for the tenth consecutive year. In order to eliminate the income tax, Paul acknowledges that Americans must first change what we perceive the role of government in our lives. Government cannot take care of us from cradle to grave and run a foreign policy empire if we want cut government spending.

Ron Paul For Congress

Fact Check.org

Fair Tax.org


Friday, November 16, 2007

Funeral March planned as symbolic warning to politicians on Organization Day

Nothing feels sweeter than to take ownership of what is rightfully yours and Our government belongs to The People, not to the politicians. Join us this Tuesday at the Indiana State Capitol Building and say "hello" to your legislator. Find out if your state rep and senator are anti-repeal or pro-repeal. Check here to learn who your current legislators are. --HFFT editor

Laura Hile 317-254-2307
Max Katz 765-409-6669 or 317-938-8913

"Lying in State":
Tax Activists to send funeral message to anti-repeal legislators

Tuesday, November 20 at 1:30 pm
Indiana State Capitol, Indianapolis, Indiana

Citizen activists plan to send a clear message to the General Assembly on Organization Day that property tax repeal is the only acceptable fix to the tax crisis. Decades of legislator apathy, government waste, inefficiency, without regard for the welfare and security of Indiana's citizens, are not acceptable employment terms for our politicians.

The funeral march symbolizes the political careers which shall come to an untimely end in 2008 should politicians not obey the Rule of Law, slash waste, eliminate inefficiency, and advance the process to permanently abolish property tax.

The funeral cort├ęge will commence at the South-East corner of Military Park, directly adjacent to the Indiana State Office Buildings, near the corner of Washington and Senate. In the fashion of a traditional funeral march, property owners will proceed down Orr Ally to the State House with an unmistakable message to Indiana's politicians:

"We have had enough & we are not going away!"


We recommend our readers to Indy Tax Dollars blog

We follow Indy Tax dollars and think you should too. We're in agreement on a recent suggestion given to incoming Mayor elect, Greg Ballard. --HHFT editor


Dear Sir:

We respectfully offer the following ideas for your consideration.

1. Direct your new Metropolitan Redevelopment Commission to place an immediate moratorium on any new plans for tax abatements and/or Tax Increment Financing (TIF) districts involving downtown commercial and/or residential proposals.

1a. Assemble a complete list of current abatements and TIF districts as to geographic area, length of time involved and fiscal impact on governmental revenues.

2. Determine which parcels of downtown real estate being used by private, for-profit businesses are not on the assessment rolls, their current value, and the possibility of how they could be restored to the tax base.

3. Determine the total debt of the city and county, including all agencies, boards, commissions, etc., authorized to issue bonds, but also including long-term leases. In other words, all long term fiscal contracts.

4. Make a complete audit of municipal "investments" in commercial properties to find the terms and conditions thereof, and to determine whether or not they are being met.

We believe these items would give you a start in finding out just what you have taken on, Colonel. We will pray for your success.

Signed: Indy Tax Dollars

p.s. You might ask the retiring head of the CIB just where he intended to find the additional $10 million for operational cost of the new stadium
(psst...he's talking about Fred Glass, Bart Peterson's real world best friend)

Meet Educrat James Mervilde...he thinks he deserves a fat raise to $250,000 year

Educrat James "Bloated Budget" Mervilde
Washington Township School Superintendent

Superintendent Mervilde Asks Board for Golden Parachute

Following the Nov. 6th election, Washington Township Superintendent James Mervilde asked the school board for a raise and contract extension worth over $750,000.00.

Several comments regarding Mervilde’s proposed $200 million construction project are reported by the Indianapolis Business Journal. Indiana Chamber President Brinegar said “hopefully (Mervilde’s plan) is not rooted in arrogance.” Political reporter Abdul Shabazz said the “massive building expansion takes a lot of cohones.” Neighborhood activist, Penny Bigelow thinks that he has greatly misunderstood the dept of anger among property taxpayers.

The day after the election, in a speech given at Northview Middle School, with Rep. David Orenlichter (D) and Indianapolis Star reporter Gretchen Becker in audience, Mervilde criticized the legislature’s handling of the property tax issue and lamented the press representations of his building projects. He also commented that $200 million for new school buildings to go along with his new $14 swimming pool was paltry compared to the $700 million sports stadium and $1 billion new airport terminal. His attitude was that this property tax mess was not of his causing and he should not be inconvenienced because of it.

Mervilde’s three year contract provides total salary and benefits of over $220,000 per year and is not up until June 30, 2009. He now wants an immediate raise in benefits increasing his total package to average a cool $250,000.00 per year and a three year contract extension to June 30, 2012. Cool beans.

After further study of the November 6th taxpayer revolt, he may be reconsidering his vulnerably. Mervilde may be worried that his bus may be headed off a cliff after the upcoming May 2008 school board election. That may be the reason for the recently requested three-year $750,000 golden parachute.
How many teachers could we put in the classrooms with that $750,000?

You may voice your opinion to Washington Township school board members:

President: Mr. Don Kite
Email: dkite@msdwt.k12.in.us

Vice President: Dr. Robert Taylor
Email: rtaylor@msdwt.k12.in.us

Secretary: Mrs. Lori Schlabach
Email: lschlabach@msdwt.k12.in.us

Member: Mrs. Deborah Mullin
Email: dmullin@msdwt.k12.in.us

Member: Mr. Gregory Wright
Email: gwright@msdwt.k12.in.us

Thursday, November 15, 2007

Four Men in black needed for fun volunteer project

Hoosiers For Fair Taxation, STOPIndiana.com, and IndianaVotersLeague.org needs four guys in black to volunteer a couple hours on Tuesday November 20th downtown.

We promise it will be fun. Call Melyssa right away for details. 317/938-8913

Ladies, feel free to call to volunteer your husbands!

Politicians put on notice: WE THE PEOPLE are not going away!

Property tax foes converge on the Statehouse

Our property tax activists, led by property tax attorney John Price, warns legislators that "the sleeping taxpayer giant has been awakened". This morning's activist organized press conference serves as warning to what legislators can expect in next year's session.

WISH-TV covered the statewide coalition's press conference as well.

Activists will stage a funeral march for the anti-repeal legislators on Organization Day next Tuesday, November 20th. We will provide details on our site soon.

Thanks Mr. Price for your tireless service to the people. We think of you as both a statesman and hero to the people.

REVOLUTION PART II: War Declared on "Educrats"

We put the school board members on notice that they are next to endure the public exposure and scrutiny of the actvists since they drive 50% of our property tax bills. It's on every citizen's radar that they spend our money foolishly and carelessly. They give nary a thought to the homeowner writing the check.

We will start with Washington Township since it represents the district where a lot of our activists reside. (We always start the cleansing from our own back yards first).

Abdul Hakim Shabazz recently mentioned the word "educrat" to his loyal and ever-growing audience. We had a feeling what it meant, but wanted to be sure, so we did a little Internet digging. Education activist and author Susan Ohanian coined the word. Many school reform activists write about it.

Educrat (noun)
An officer, administrator or other bureaucrat in a school district. The
word combines the Latin part of educator with the Greek part of bureaucrat. It
describes a special kind of person in the education world: pinheads who are so
process-oriented that they are more excited in the process of learning than the
myriad wonders that can be learned.

Used in a sentence:
"We might be able to afford decent math books
around here if the head office wasn't so glutted with educrats."

Fox News Video: Greg Ballards beautiful upset

Hat tip to our friends at Hoosier Access for posting the Fox News segment which tells the seemingly impossible story of how and why Ballard is elected to be our next Mayor.

Hoosiers For Fair Taxation feels a lot of pride in knowing that we helped to create a lot of the footage used to show voter protest and outrage. We are also thrilled that the national Fair Tax banner that we used at our first rally on July 4th was prominently featured in the broadcast.

We are grateful that Greg Ballard always cared enough about the taxpayer's plight to show up for our protests and demonstrate WITH The People. We know that he will continue to fight our fight for us inside the political machine that needs to be dismantled and rebuilt on a foundation of integrity, honesty, and adherence to the Rule of Law.

National news coverage is extremely important to give air to our revolution fire. We know the revolution is happening in the heartland for a reason. The heart of our nation will heal first and the rest of the country will follow. We will not stop until our nation is healthy and the rule of law prevails.

The unending selfishness of politicians

The Indianapolis Star reports that newly elected city council person Dane Mahern plans to vacate his seat for the Statehouse. Nice, huh? Activist Paul Wheeler speaks to the outrage of Mahern's selfishness below. Go here to read what attorney and political blogger Gary Welsh has to say about Mahern's announcement.

Let's continue to expose Mahern for his selfish ambition, which is blind to the people.

Letter to Indianapolis Star by Paul Wheeler.
This latest stunt by a member of the City County Counsel underscores just how deep disingenuous behavior has been allowed to incubate for months within the CCC, reinforcing the public's perception of self serving members with a personal agenda, even if it means deceiving your own district's constituents by soliciting their votes for someone having no intention of serving them. And now he wants to carry this behavior into the Statehouse? What next: speaker,governor,president? It's all about Mahern; not the people. I'm reminded of Andre Carson, who blindly voted for a billion $ budget his first night he accepted a counsel seat, Monroe Gray whose ethics juiced the counsel, coupled with fellow democrats who refused to open inquiry for months until one week before the election when it was expedient. Mr. Mahern's district should be outraged they were used and misled with his ulterior motives. We demand that the counsel either now or when the new counsel in January is seated, censure unethical conduct, and I hope the Statehouse sees this for what it is: raw and abusive behavior that betrays allegiance to the people.


Paul Wheeler
Indy resident


Wednesday, November 14, 2007

Greg Ballard & grass roots activism in Indiana makes national Fox News !

Patriot Paul with Mayor Ballard
Summer 2007 - City Council Tax Protest
(they look incredibly happy considering the circumstance for being there)


Congratulations go all around for those who spent time, effort, and money to replace some public officials, get the attention of law makers, and most importantly, start a process of thinking of tax reductions-eliminations that otherwise would be in doubt. Bush’s references yesterday to our Indy efforts in this election, seen on Brit Hume’s broadcast via Fox News skyrocketed this into national prominence.

It is important that those of us who believe in the elimination of property tax on moral and ethical grounds not be swayed by every twist of news from those lawmakers who find themselves tripping over each other with who can do the most for us; not because they want to but to protect their political survival. Lawmakers’ forte is to compromise so watch for pundits and editorialists to echo their own brand x, each claiming they cannot remove residential property tax completely, calling it ‘unrealistic’, ‘not a political reality’ or other counterproductive remarks.

I have heard our mayor-elect indicate his fallback position would be a hard cap. Do we cry foul? NO! Some things must be done in steps.

Step 1: we got their attention.

Step 2: we did something positive about it.

Step 3: don’t loose patience if we don’t get everything at once.

We continue with the courage of our convictions that no family needs to be threatened with seizure, foreclosure, and auction of their property with necks of the family under the guillotine’s annual threat of beheading and extraction for failure to pay an unreasonable tribute for what they already own.

Have you heard any solution by a pundit or lawmaker that eliminates this threat within whatever plan they are proposing? NO!

This is my #1 question to them: Where in your plan will you guarantee a man’s home is his castle and should be exempt from eviction or government intrusion and seizure for failure to pay a tribute on what you already own?

No newspaper editorialist or public servant will venture to answer that. They refer to hard core activists as unrealistic in wanting a total elimination. I’m asking all concerned property owners to stay the course and not be satisfied by the shortcomings of compromise from our lawmakers. Buckling under a compromise will not eliminate the annual guillotine. As we continue to unpeel layers of artificial oppressive government, our demand for accountability and transparency is paramount. This is a process; not a magic act. Remain true to your basic family values and the hard core convictions from our earlier days that brought our ancestors to this country. One step at a time and patience.

Paul the Patriot

Tuesday, November 13, 2007

Andy Horning: "What you don't know may be killing you

Everyone who reads our blog, should read this recent well thought essay by Andy Horning. For those of you unfamiliar, Andy has spent years studying the Indiana Constitution, every word and every nuance. For those of you who don't know, Andy Horning loves the Indiana and America created by our founders very much.

Andy has no love for politicians who do not obey the Rule of Law.

There are points you might be missing and things you need to know if you care about the welfare of your state and her citizens. Read Andy's "What you don't know may be killing you."

The activists want the Rule of Law in Indiana and we pray that the rest of her citizens do too!
Look what we accomplished with the protests and rallies of last summer. We sent a message clear to the State House that Indiana's citizens are not happy with our politicians. Join with us as we tackle our General Assembly and local school boards next.

We promise to make taking back YOUR government the most fun you've had in ages. We also promise that you'll make lots of cool new friends and meet those legislators who are fighting hard on your behalf.

Believe it or not, we plan to highlight our favorite (pro-citizen) state legislators on this blog very soon. We will also keep you informed as to what other legislators are doing to hurt the future of Indiana.

Any activists needing directions to our host's home for tonight's activist pitch in,
please call 317-938-8913.

How to find your parcel number -- File Form 130 with your refund request

Update: We just were notified by one of our lawyer activists that Form 130 should be filed with your request for a refund (for tracking purposes)

If you live in Marion County, click here to get your parcel number. And keep in mind, those of us that request a refund of all illegally collected tax, just may end up with a nice sized settlement from the state. Afterall, the rule of law is very clear on how our state is to collect tax, and for quite a long, long time, the rule of law has been broken.

Please email us after you mail your notarized request for refund, so that we can keep a running list of names and phone numbers of the petitioner patriots who expect government to follow the rule of law. You might want to send your request "signature" certified mail. Just so you have proof that Rodman got it.

Marion County Treasurer's Office
Suite 1001
200 E. Washington St.
Indianapolis, IN 46204

Be sure to copy your assessor's office too!

Your property tax was illegally collected. Tell Indiana assessors that you want a refund of all illegally collected tax.

Your property tax is due today, but did you know your government that you trusted to obey the Rule of Law, broke several laws in effort to force tax from you?

No one but the citizens are going to be able to force our politicians to obey the Rule of Law painstakenly crafted by our founders as written in the Indiana State Constitution.

It is vital that we establish a precedent that sends a clear message to our politicians that they must be accountable to obey the rule of law.

The John Price constitutional property tax lawsuit was recently tossed because the court said taxpayers had not first exhausted their administrative remedies. The text below is YOUR administrative remedy to get back your money that your government illegally collected from you.

Once you mail in your refund request,
please email us, and we'll make sure you have legal representation at no charge. Just put the words "TAX REFUND" in the subject line.
--HFFT editor

Marion County Treasurer
Your local assessor's office

Your request for refund is NOT suggested in lieu of sending payment.

Monday, November 12, 2007

The Indianapolis Fair Tax November Meetup

The National Fair Tax would radically change our country's economy by closing the doors to the IRS forever. We have dedicated Fair Tax activists in Indianapolis that invite you to join the monthly meeting.

We are thrilled that Hoosiers are fighting tax battles in our own backyard, and have full faith our backyard battles won will bring more support for the Fair Tax which has 66 congressional co-sponsors. One of our state directors, Sean Shepard sponsors the monthly Indianapolis meeting. He's quite informative, articulate, and very well versed on the Fair Tax. He's also helped to lead nearly every property tax rally and event since that first 4th of July rally.

f you have not read the Fair Tax Book by Neal Boortz and Congressman Linder, you can pick up a copy while you are at Borders.

Hope to see a lot more new faces! Please join us!

Tuesday, November 20 at 7:00PM!
The Indianapolis Fair Tax November Meetup
Tuesday, November 20 at 7:00PM
Borders Book & Music
8675 River Crossing Blvd.
Indianapolis IN 46240

Request for Refund of Taxes Improperly Collected

Copy the document below which was prepared by the attorney John Price, get it notorized, then mail a copy certified mail to your local assessor's office and your county treasurer.

Request for Refund of Taxes Improperly Collected
The undersigned taxpayer requests a refund of taxes assessed and collected contrary to the Constitution of the State of Indiana, as follows: Factual Background

A. Assessment of Real Property
4.1 In response to the holdings of the State’s highest Court the Indiana General Assembly adopted legislation requiring general reassessment of all real property in the State of Indiana as of March 1, 2002 and March 1, 2006. The Indiana Department of Local Government Finance adopted and distributed its 2002 Real Property Assessment Manual (“Manual”) for use by the State’s County and Township Assessors. The Manual states that assessment of real property in the State of Indiana is to be based on “fair market value data of property wealth”. Indiana’s taxing authorities have attempted to implement a “property wealth” (market based) system of assessing and taxing real estate in the State of Indiana. B. Extension of Statutory Tax Adoption Deadlines

6.1 In the 2007 Session of the Indiana General Assembly the members thereof adopted amendments to I.C. 6-3.5-1.1-3 (Increase of Tax Rate; Ordinance; Requisites)

6.4 On July 11, 2007 Respondent Governor Daniels “directed the Department of Local Government Finance and the Department of Revenue to extend the deadlines for counties to adopt local option income taxes” (Order Extending the Deadlines for Adoption of Property Tax Relief Local Option Income Taxes issued on July 30, 2007 – In accordance with the Respondent Governor’s directive, the Department of Local Government Finance issued the attached July 30th Order purportedly extending the deadlines for adoption of local option income taxes from the statutory deadline of August 1, 2007 to October 1, 2007.

6.5 On August 2, 2007 Respondent Governor Daniels “directed the Department of Local Government Finance and the Department of Revenue to extend the deadlines for counties to adopt a local option income tax to address public safety needs” (based on adoption of other taxes as set forth in the directive. (Order Extending the Deadlines for Adoption of Public Safety Local Option Income Tax issued on August 3, 2007. In accordance with the Respondent Governor’s directive, the Department of Local Government Finance issued the attached August 3rd Order purportedly extending the deadlines for adoption of a local option income tax for public safety needs from the statutory deadline of August 1, 2007 to October 1, 2007.

6.6 On August 24, 2007 the Respondent Governor Daniels purportedly issued an additional ‘directive’ extending the statutory August 1, 2007 deadline (which had just been ‘extended’ to October 1, 2007) to December 31, 2007. The official website of the Indiana Department of Local Government Finance does not contain any evidence of a further extension of either deadline for adoption of local income tax rate increases by the Department, nor are any Orders posted memorializing such an action by said Department.

6.7 The July 30, 2007 Order purports to be issued under “the authority granted under IC 6-3.5-1.1-24(i); IC 6-3.5-1.1-26(i); IC 6-3.5-6-30(q); and IC 6-3.5-6-32(i)”. None of the cited statutes grant to the Department of Local Government Finance, nor to the Governor, the authority to alter, suspend or amend statutory deadlines adopted by the Indiana General Assembly.

6.8 The August 3, 2007 Order purports to be issued under “the authority granted under IC 6-3.5-1.1-25(j) and IC 6-3.5-6-31(j)”. Neither of the cited statutes grants to the Department of Local Government Finance, nor to the Governor, the authority to alter, suspend or amend statutory deadlines adopted by the Indiana General Assembly.

6.9 The Governor in attempting to void and set aside statutory deadlines enacted by the legislative branch engaged in non-discretionary acts in violation of the Indiana Constitution. (Article 3; Article 5, Section 15 – Indiana Constitution). The statute as enacted establishes dates for adoption of income tax rate increases. The Governor signed the bill enacting those restrictions. Had he disagreed with the restrictions in the enacted bill he could have vetoed the enacted bill, but once he signed it into law, he had a duty to enforce its provisions. (Article 5, Section 15 – Indiana Constitution)

C. Vastly Different Rates in Taxing Districts
7.1 The counties within the State of Indiana use multiple taxing districts within the same jurisdiction. For example, in Marion County there are 97 taxing districts, which has resulted in vastly differing rates. Petitioners make two alternative arguments: (1) that the multiple district plan is facially invalid because it has the effect of generating wide disparities in tax rates within different sub-localities and, alternatively, (2), the current system is invalid as applied. Rates within said taxing districts are as disparate as 2.2 to 4.8, thus, the differential in tax rate within the same community from lowest to highest rate is over 110 percent. These differential effects in tax rates can not be justified under Article 10, Section 1’s requirements of a “uniform and equal rate of property assessment and taxation.”

7.2 Under prevailing case law the “uniform and equal” rate provision in Article 10, Section 1 requires that property be assessed in a manner reflecting actual value. The Supreme Court of Indiana has declared that “the great object of Article 10, section 1 was to ensure that property taxes were imposed on all forms of property wealth equally and uniformly” (italics in original) and that each taxpayer’s property wealth “bear its proportion of the overall property tax burden.” In that uniformity and equality requires fairness in assessing particular properties, the same standard must certainly require that similar rates apply across districts within the same locality, such as a county.

7.3 Recent cases have reiterated that the purpose of this Constitutional provision was to avoid what the current system ensures. In 1850 Representative Read initially proposed the language of Article 10, Section. 1. The purpose of the Framers governs the interpretation of the State Constitution. The purpose of Article 10, Section 1 is to insure that all taxpayers in Indiana bear their equivalent proportion of the tax burden. The multiple taxing district system in Indiana, as currently in place, no longer meets the uniform and equal requirements of Article 10, Section 1 in arriving at a just valuation.

7.4 The differential tax rates are the result of intentional state discrimination. While absolute uniformity cannot be expected, differential effects of over 100 percent simply do not comport with the requirements of Article 10, Section 1. The Respondents are estopped from claiming that these widely differing rates are simply the unintended “disparate effects” of a decentralized taxing system. Each district’s taxing authorities are state actors and their decisions are attributable to the State. The State, therefore, is responsible for the gross differential in tax rates across districts, evidencing an intentional decision to discriminate across district lines.

D. Article 8, Section 2 – Common School Fund
8.1 Article 8, Section 2 of the Constitution of the State of Indiana provides for a Common School Fund, and sets forth in detail the sources of funding allowed for said Common School Fund. The last clause of Article 8, Section states: “Taxes on the property of corporations, that may be assessed by the General Assembly for common school purposes.”

8.2 In spite of what is certainly a restrictive Constitutional provision as set forth above, the State of Indiana has levied and collected, and continues to levy and collect, taxes on residences in the State of Indiana, a practice not authorized in Article 8, Section 2 to provide funds for the Common School Fund.

E. Practices of Assessors in Assessing Real Estate in Indiana
1. Assessment of Real Estate Excluding Foreclosures and Tax Sales 9.1 Upon information and belief, assessors in the State of Indiana are instructed and directed by the Indiana Department of Local Government Finance that they are to exclude foreclosures and tax sales when they assess residences based upon market value (“property wealth”). 9.2 Upon information and belief, up to 37% of residential title transfers in Marion County, and an unknown amount in other counties, arise from foreclosures and tax sales. 9.3. Excluding foreclosures and tax sales when assessing values of residences skews and distorts the true market value (“property wealth”) of residences in the State of Indiana, contrary to the Indiana Constitution and prevailing law, rules and regulations.

2. Assessment of Real Estate with Flawed Methodology
9.4 Upon information and belief, assessors in Indiana are instructed and directed by the Indiana Department of Local Government Finance that in assessing the market value (“property wealth”) of residences in the State of Indiana they are to exclude and not include in their calculations high and low sales in a neighborhood to obtain average comps.

9.5 Upon information and belief, assessors are also instructed and directed by the Indiana Department of Local Government Finance that in assessing the market value (“property wealth”) of residences in the State of Indiana they are to not go back and readjust the adjusted high and low sales to their actual sale prices, which has the result of leaving actual high sale priced homes, in many cases, assessed lower than actual low sales priced homes.

3. Assessment of Office Towers
9.6 Upon information and belief, owners of the State’s largest and most valuable office towers filed tax appeals of assessments/taxes on said office towers. The appeals were successful in nine of ten cases, resulting in lower assessments/taxes on said office towers.

9.7 Upon information and belief, when assessors in jurisdictions including said office towers granted said appeals the assessors then proceeded to lower the grade of other office towers in their area of jurisdiction to Grade B, because the major office towers had been downgraded from Grade A to Grade B.

4. Assessment Tools/Methods/Systems Accorded to Assessors
9.8 Upon information and belief, the State of Indiana and the Indiana Department of Local Government Finance has not provided to county and township assessors the tools, methods and systems necessary to properly, uniformly and equally assess the real estate contained within their jurisdictions.

9.9 As a result of the foregoing, the county and township assessors in the State of Indiana have been hindered, blocked and prohibited from properly, uniformly and equally assessing the real estate, residential, commercial and industrial, within their jurisdictions.

9.10 As a result of the foregoing inability of the county and township assessors in the State of Indiana to properly, uniformly and equally assess the real estate, residential, commercial and industrial, the Petitioners and the members of the proposed class, the homeowners of the State of Indiana, have suffered significant financial harm and loss. 5. Interpretation and Application of Prevailing Law

9.11 Upon information and belief, many of the assessing officials in the State of Indiana have assessed real estate within their jurisdictions based upon improper, inaccurate and incorrect interpretations of the Indiana Constitution, prevailing statutes, and prevailing case law as handed down by the Indiana Tax Court and the Indiana Supreme Court.

9.12 As a result of the foregoing inability of the county and township assessors in the State of Indiana to properly, uniformly and equally assess the real estate, residential, commercial and industrial, based upon prevailing case law, the Petitioners and the members of the proposed class, the homeowners of the State of Indiana, have suffered significant financial harm and loss.

F. State Law Prohibiting Assessment at Market Value of Developers’ Real Estate
10.1 IC 6-1.1-4-12 (Circumstances Under Which Undeveloped Land May be Reassessed) prohibits Indiana’s assessors from assessing certain real estate at market values (“property wealth”) as a part of their duties as assessment officials.

10.2 Under the foregoing statute, when a “land developer” (defined broadly as “a person that holds land for sale in the ordinary course of the person’s trade or business”) purchases land, even if the land is rezoned or subdivided into lots, no matter what price the purchaser paid for the land, the assessor responsible for assessing the land is prohibited by said statute from reassessing the land at the purchase price, until and unless the purchaser obtains a building permit for construction of a building on the land, commences construction of a structure on the land, or transfers title of the land to another purchaser.

10.3 As a consequence, real estate purchased, generally at significantly high development stage prices, is prohibited from reassessment under said statute at the actual market price paid for the real estate, until certain later events may occur, which could be many months or even years later, thus warping the actual market value of said real estate to the advantage of the purchaser.

10.4 Purchasers of residential real estate in the State of Indiana enjoy no similar statutory exception from reassessment.

G. Imposition of Property Taxes on Residences in Excess of Public Services Attributable to Said Residences
11.1 Upon information and belief, in numerous instances the property taxes imposed in the State of Indiana on residences located within the State bear no relationship to the public services, including school costs, attributable to said residences.

11.2 Thus the tax burden imposed on said residences does not comply with Constitutional and statutory requirements of uniformity and equality in taxation, nor are said taxes a “just valuation”, under said Constitution and laws, under the over-all taxation system of the State of Indiana.

11.3 In that property taxes on homes in the State of Indiana, in numerous instances, extract a disproportionate share of total taxes from homeowners, to that extent property taxes are not uniform and equal, nor a just valuation. H. Tax Abatements

12.1 Upon information and belief, certain, selected real estate in the State of Indiana enjoys abatement from property taxes, generally real estate in the commercial and industrial categories, generally for several years.

12.2 Residential real estate in the State of Indiana is generally not accorded the abatement status that is frequently granted to commercial and industrial real estate.

12.3 The tax burden imposed on said residences, because abatements are generally not granted nor allowed, does not comply with Constitutional and statutory requirements of uniformity and equality in taxation, nor are said taxes a “just valuation”, under said Constitution and laws, under the over-all taxation system of the State of Indiana.

I. Certain Real Estate in Indiana is Assessed Upon Income Capitalization Methods and Not Market Value (Property Wealth)
13.1 IC 6-1.1-4-39.5 provides that in Indiana a “riverboat” used for gaming purposes under IC 4-33-2-17 is not assessed on the basis of how the market may value the riverboat, but may instead be assessed on the lowest of three appraisal approaches, including the income capitalization approach, which will almost always yield the lowest assessment, not at all likely to be even close to the market value of such an asset.

13.2 The Indiana General Assembly has written into State code numerous similar approaches to assessment of selected favored categories of real estate, allowing the owners of said favored real estate to be assessed at significantly less than market value (property wealth), contrary to the Constitution of the State of Indiana, and prevailing case law construing said Constitution.

Submitted on this_________day of ______________, 2007, by the following taxpayer of _____________Township, _______________ County, Indiana.


________________________ __________________________(name & address, parcel Number, etc.)