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EAST LIVERPOOL -- A former city public official was one of eight county residents who have a date in court for tax charges.
On Dec. 31, summonses were issued for Brian S. Allen, of Shady Lane Drive, for failure to file city income tax for multiple years.
Allen served as the city's safety-service director, who acts as the city's liaison between the administration, council and city operations and chief adviser to the mayor. His duties also included oversight of the city's safety and service department as well as the city's annual budget, which is dependent on income from the city's tax base for city operations.
According to the summons paperwork, neither he nor his wife Kimberly, who also is cited, filed city income tax returns for years 2014 and 2019.
He wrapped up his tenure as Ryan Stovall's safety-service director in January 2020, after Stovall lost his re-election bid to Greg Bricker.
The other tax cases filed were against Jack J. Robinson and Vicky Robinson, of West Fifth St., for years 2014 through 2019; Brandon S. Myers, of Palissey Street, and Diana J. Myers, of McKinnon Avenue, for years 2014 through 2019; Carlos Monterro, of Vine Street, for years 2014 through 2019; and Anthony J. Metsch, of Fredericktown Clarkson Road in Rogers and formerly of Michigan Avenue in East Liverpool, for 2014 and 2016.
City tax commissioner Linda Harpold explained that this action follows numerous attempts to contact the non-filing persons through mail to try and secure compliance.
According to East Liverpool's codified ordinances, "All taxes imposed and administered (through Chapter 183) shall be collectible, together with any interest and penalties thereon, by suit, as other debts of like amount are recoverable. Except in the case of fraud, commission of 25 percent or more of this income subject to this tax, or failure to file a return, an additional assessment shall not be made after there years from the time was due or filed, whichever is later."
"In the case of fraud, omission of 25 percent or more of income subject to this tax or failure to file a return, all additional assessments shall be made and all prosecutions to recover municipal income taxes, penalties and interest thereon shall be brought within six years after the tax was due or the return was filed, whichever is later," the chapter concludes.
Cases involving returns that were filed but not paid will be directed to the Ohio Attorney General's office for collection, explained Harpold. She said the city sent its first batch out in October. A second batch is pending to Columbus for collection.
Harpold reminds that retirees and anyone who owns rental properties in the city still have to file returns for their rental properties. Retirees with no wage income and no business or rental properties can file exempt and close their accounts. People who do not work still must file every year; (however), when they show documentation of no income, they can file exempt every year.
Previously summonses went to non-filers and non-payers in the form of a postcard delivered via the U.S. Postal Service. But those largely have been unsuccessful in attaining compliance especially since the recipient is asked to contact the city income tax department. Harpold said these new efforts for non-filing residents will include probation in an effort to add more teeth to compliance.
Each count still carries a maximum penalty of a $500 fine plus court costs. However, now as an unclassified misdemeanor the penalty of jail time appears to be off the table as previously, convicted persons faced up to 60 days.