The INDsider -> Leslie Turk WED, FEB 3 12:28PM by Leslie Turk

3rd Circuit: refund Scientific’s $443,692 in use taxes

In addition to upholding the lower court decision that the Moss water intrusion case cannot go forward, the Third Circuit Court of Appeal dealt yet another blow to the Lafayette Parish School Board this week. The appeals court affirmed the July 2009 district court ruling that the sales tax division must return more than $443,000 in use taxes assessed to Scientific Drilling International Inc. for equipment stored in Lafayette Parish.

Houston-based Scientific, which paid the tax under protest, maintained that while the equipment was stored in the parish, it was used out of the parish and should not be subject to taxation. According to the Lafayette Parish School Board Sales and Use Tax Ordinance, argued Scientific, “only tangible property that is stored for use in the Parish is subject to the tax levy Ordinance.” The district court sided with Scientific last year, and the LPSB Sales Tax Division appealed.

In affirming the decision, released Wednesday, the Third Circuit panel agreed with Scientific's argument, noting that “the language of the Lafayette ordinance does not grant the authority to impose such a tax on property stored but not used in Lafayette Parish.”

Read the decision here.

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written by NORTHSIDIAN SHOTGUN , February 03, 2010 - 07:04 pm

Jesus, who leads the LPSB ? WOULD'NT IT BE WONDERFUL IF THE SCHOOL BOARD COULD TAX EVERY OILFIELD SERVICE CO. AND THE OPERATORS, FOR EQUIPMENT STORED IN LAFAYETTE YARDS..........WHAT A WASTE OF TAX PAYERS MONIES TO PURSUE SUCH AN IDIOTIC LAWSUIT. IF THIS WAS A POSSIBILTY EVERY OIL INDUSTRY COMPANY WOULD FINISH PULLING UP STAKES AND MOVE OPERATIONS OUT OF THE PARISH.....HOW COUILLION IS OUR LPSB ?
NT IT BE WON

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written by NORTHSIDIAN SHOTGUN , February 03, 2010 - 07:16 pm

AY, HOW ABOUT A CONTEST TO DETERMINE THE RANKINGS OF OUR PARISH COUILLION'S IN THE ORDER OF REIGNING STATUS : A. KING COUILLION, B.PRINCE COUILLION C. DUKE COUILLION, D. LORD COUILLION, E. BARON COUILLION, F. COUNCILMEN COUILLIONS, ONLY PRESENT CITY AND PARISH OFFICIALS MAY QUALIFY FOR AS COUILLION ROYALTY ........
ITS NOT FAIR VOTING FOR YOURSELF,"""" DORE TU .....

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written by nor t hsidian , February 03, 2010 - 10:29 pm

And you wonder why no one will support a tax increase that these people want to stuff up us!!

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written by Morrow , February 04, 2010 - 11:47 am

I am SO GLAD that pitt bull LPSB tax division was taken down a notch! John Q Public might not know how difficult it can be to do business in Lafayette Parish or how dealing with supersized egos in departments can be. I realize this department has a job to do, and I wish I had the time to determine if everyone is treated the same or if some businesses get to avoid the pitt bull mentality of that office. I dislike the way that office does business with the mentality of "I'm right and you PROVE that I'm wrong." Of course, I realize that will continue to be the attitude they conduct business with, but I'm still very happy to know that someone had the testicular fortitude to take him on and won, by God! Maybe, just maybe, a little less antagonistic attitude toward business could come from that office.

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