Oklahoma House Speaker Lance Cargill failed to file his personal income tax returns for the last two years until getting a warning from state tax officials, The Oklahoman has learned.
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Four other legislators also have overdue personal income tax returns, tax records show. One has not filed five years' worth of state income tax returns, the records show.
Intentionally failing to file a state income tax return is a misdemeanor, even if no further taxes are owed. The crime has a maximum punishment of a year in jail and a $5,000 fine.
"I'm human. I made a mistake,ā€¯ said Cargill, an attorney. "There's nobody more upset over it than I am because I cost myself money because I was entitled to refunds.ā€¯
Cargill, R-Harrah, said he rushed to complete federal and state tax returns and sent them in Friday after getting a notice at his house from the Oklahoma Tax Commission. He blamed a miscommunication with an accountant. Legislators in a 2003 law required state agencies to fire state employees who repeatedly fail to file state tax returns. Cargill was among those voting for the law.
The Tax Commission sent Cargill a form letter Jan. 7 warning him that its records showed he had not filed his 2005 and 2006 state income tax returns.
Cargill was told in the letter that a law requires the Tax Commission to notify any state employee "deemed to be out of complianceā€¯ with state income tax laws. He was told: "The Tax Commission is unable to verify that you are in compliance.ā€¯
As House speaker, Cargill has a key role in deciding how tax dollars are spent.
Also not filing recent state returns were Rep. Don Armes, Rep. Ryan McMullen, Rep. Jabar Shumate and Sen. Connie Johnson, records show.
Most tax records about individuals are secret but who filed a state return is public. The public records do not reflect whether the legislators owe any overdue taxes.
Armes, McMullen and Shumate confirmed they also got letters this month from the Tax Commission.
The tax records show Armes, R-Faxon, did not file 2005 and 2006 state returns. Armes said he recently sent in his 2005 federal and state tax returns and is due a refund. He said he is close to getting his 2006 returns done.
Armes said, "I just got behind. I'm a small businessman and trying ... to balance that with legislative work. We just get strung out. ... My biggest problem is just getting it done. I don't have a great excuse other than just too many irons in the fire.ā€¯
McMullen, D-Burns Flat, said he was notified he has not filed his 2001 and 2006 state tax returns. He said he was a college student in 2001 and did not have to file a return then. He blamed "the rigors of this jobā€¯ for not filing his 2006 state and federal returns. He said he expects a refund.
"It's just one of those things that I've put off for a little bit. ... It's on the top of my list to do,ā€¯ McMullen said. "There is a difference between people who file their tax returns late and folks who simply do not pay their taxes. I pay my taxes. Like many hardworking Oklahomans juggling jobs, church and family, I sometimes let important matters slip my mind.ā€¯
Shumate, D-Tulsa, said the Tax Commission notified him by letter he has not filed his 1999, 2001, 2004, 2005 and 2006 state tax returns. He said he thought he had filed the returns and will check with his tax preparer.
"It was a shock to me,ā€¯ Shumate said. "I had no idea. ... They said that I was sent a letter in 2004 and 2007 but I don't recall getting a letter. ... I will take care of this.ā€¯
The records show Johnson, D-Oklahoma City, did not file 2004, 2005 and 2006 state returns. She blamed a 2002 divorce for not filing her recent state and federal income tax returns.
"The paperwork, you know, my ex has it and some accountant has it, so it has put me in a bind, but I know the Tax Commission is working with me to try to help me get my situation straightened out,ā€¯ she said.
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I agree Mike, just as those that can't be faithful to their spouse...how likely are they to be faithful to the people that elected them (their State or Country)?
Great idea Louis, then they won't have the "I was too busy being a Legislator" excuse 'cause they will be unemployed! Then in a couple of years when the get appointed to some government office job and don't pay their taxes again they can be truly FIRED !
Ok, OK, you people, give these folk a break. After all they are elected officials and work four (4) months legislating and don't have time to mess with doing the taxes. They are just toooo busy. Next time they come up for election to represent us, remind them and vote them out.
lg
There's probably a lot more of them than this that are not filing their taxes! How the hell do can you forget to file your taxes? Honestly, most of them probably have an accountant to do it for them, so the question is Why is it they think that they can get by with it, I mean hell three or more years of not filing your taxes, please that is just a LIE! You know if your going to get some money back your going to file. I would want to bet they OWE money! That is usually why they send you a letter to remind you that you didn't file. It just isn't right for them to say, Oh I just overlooked it, or I just got to busy and forgot to file! Hell couldn't they come up with a better reason than that. You noticed everyone of them had a really LAME excuse for it! To bad we couldn't see how much they OWED, I would bet it is a nice sum! Bottom line pay your damn taxes.
Maybe the latino clergy will come forward and protect these politicians who are breaking the law. They're simply doing the jobs that illegals aren't doing. Ha, anyway I guess the rest of us that file taxes don't have anything to do besides go to work, raise families, and be productive members of society. We just have all the time in the world, where as these politicians have no time to abide by the laws.
How about we all give them a ring and/or drop them a line and let them know what we think of elected representatives who don't bother to pay their taxes? (You can leave them a gentle reminder if you'd prefer.) Rep. Shumate's Capitol office number is 405.557.7406 and email is jabarshumate@okhouse.gov ... Rep. McMullen's Capitol office number is 405.557.7312 and email is ryanmcmullen@okhouse.gov ... Rep. Armes's Capitol office number is 405.557.7307 and email is donarmes@okhouse.gov ... Sen. Johnson's Capitol office number is 405.521.5531 and email is johnsonc@oksenate.gov ... and best of all, House Speaker Lance "Boy Wonder" Cargill's Capitol office number is 405.557.7400 and email is lancecargill@okhouse.gov.
While Legislators may be considered employees of the state, they can't be "fired" in the normal sense. Someone correct me on this if I am wrong, but other than some type of impeachment proceedings, think the only way they can be "fired" is the next time they are up for re-election, they get voted out of office (the voters are the ones the "hired" them).
I stand corrected. Seems you don't have to file with the IRS ONLY if certain income thresholds aren't met (mainly students), but they still want you to file anyway, just isn't required. Also, appears that if you are required to file with the IRS, you are required to file with Oklahoma. The "they owe me/I owe them" doesn't come into play. Still valid that the government has no limitations to come after you if you owe them, while there is a 3 year limit if the government owes you.
LOL, and attorney said he forgot to file taxes! Not only did he lie about that, he is also lying about losing money! The only credit he can possibly lose is the Oklahoma Sales Tax credit which expires 4-15 each year, and he no way qualifies for that credit! What is he missing out on - like stated earlier he has 3 years to file his taxes or make ammendments, and they will gladly refund him his money if he has a refund??? If he owes, then he will have cost himself money because he will have accrued fines and interest. What I want to know is how they can pass laws requiring the people to file and pay taxes on time to get their professional licenses, but they can't even follow their own laws? They don't have time to file an extention? It is a half a page and is set up so an elementary child can fill it out. Too busy - they are no busier than other tax payers working 2-3 jobs. Shumate and Johnson should be should be prosecuted - a divorce is no excuse (has nothing to do with 2003-2006) nor is using an accountant - people are responsible for their own business, and if legislators can't handle their own business they have no right making laws for me to handle mine! The only question that remains is will they violators do the noble thing and step down or be fired according to the law they passed! Then they will have more time to handle THEIR business and their business's. This is aweful news to me that people shirk their responsibility and make excuses on top of it especially when it is the legislators that KNOW what is required of them.
What a joke! Miscommunication with your tax preparer? Aren't you supposed to sign your returns anyway when they are done? Did they sign them before they were done? If so, how stupid!
And the excuse of being too busy...we all are. How long is the legislature actually in session? Average of couple of months a year? I know they have other jobs, but I have 2 words for them...Turbo Tax!
Maybe Brett Rhinehart needs to have an in-service training for all these guys to show them how to keep the tax guys at bay, all so they can do the 'public's' business!
Concerned, Central Oklahoma - Jan 20, 2008 5:54 PM
What a bunch of baloney. I bet the general public doesn't get that much leniency if they "forget" to pay their taxes. Our elected officials need to set a better example.
I don't want to hear nor will I accept ANY excuse whatsoever these guys have. It means absolutely nothing. And for McMullen to blame his church activities for his failure to file is a gross act of religious hypocrisy. This is a case of being a lukewarm worshiper. The Bible says that God will spit lukewarm worshipers out of his mouth like vile food! Lets make an example of these people. If I fail to file, I am penalized. If I fail to file for 5 years in a row, well, I won't be working. There is and are absolutely NO excuses for not filing. You file something, even if it is an extension or a partial return. You put down what you have at the time and amend it later. You people up at 23rd and Lincoln are NO better than any of us out here. Get your darn heads out of the clouds and start living by the state law. You people need stop making excuses for everything. What are you, stuck in 2nd grade or something????
What a crock !!! Everyone of them needs to be kicked out of office. I have never heard of soooo MANY CROOKS running our country. FORGOT TO PAY THEIR TAXES !!!!!!!
Wonder what would happen if ALL the rest of us FORGOT to pay our taxes.
These people should resign from office immediately for failure to comply with basic civic responsibilities. Unbelievable how Oklahomans tolerate issues like this.
Im simply saying is a huge problem if the OWE the state money (some of them didnt clarify if they owed the state or the other way around) Its not as big if they are due a refund. AND how the heck is this a bigger story in the Oklahoman then a State elected official getting indicted??
This sort of behavior is nothing new for Cargill. I have this notion that eventually we will read of him as someone deeply involved in a scandel and facing either criminal charges or resignation. It's going to happen; I'd wager on it.
This is a story because these are elected officials blatantly disregarding the laws that we must abide by. I for one think that based on the law passed in 2003 should most certainly apply to legislators as "state employees" I don't know all the particular ins and outs, but if there has been another state employee that has fallen victim to this law and has been fired, and nothing is done about these people I would certainly file a lawsuit. I don't feel you can pick and choose which person will have to abide by each rule.
This makes me so angry...they are too busy? They are only in session 4 days a week for 4 months. And I'm not buying that they figure their own taxes...they have a tax person just like a lot of us regular folks that we must make appointments with and get our information to in a timely manner. I work and have 2 small kids and I have never once failed to file my taxes. This is absurd.
I work 6-7 days a week building homes but that isn't any excuse for me not to file my tax returns. These excuses are lame and every voter in their districts should remember this the next time they come up for election, especially Mr. Clean Cargill. What a lying sack.
The tax agency (OTC or IRS) owing the taxpayer a refund is not a determanent on whether the taxpayer must file a return, PERIOD. In general it is gross receipts collected once over a limit (and it is very low) everyone must file a tax return. This is certainly so for our law makers and it is very BIG ISSUE. These are the same clowns that are voting on tax policy and spending our tax dollars!
Had always read that if you are due money you don't have to file a return, but if you owe money you are required. The only way you can prove to them that you don't owe them a thing is to file. If you are due a refund then it is silly not to file. Don't forget if the government owes you money, you only have 3 years to claim it. But if you owe them money, there is no time limit (plus they get to add on fines and penalties until you do).
State House speaker resigns post 01/28/2008 Republican House Speaker Lance Cargill plans to address GOP House members this afternoon amid speculation that he will step down as speaker.
Republican...
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Leave a comment. Log in below or sign up (it's free).Editor's note: It is not our intent to offer comments on crime or fatality stories.
lg
And the excuse of being too busy...we all are. How long is the legislature actually in session? Average of couple of months a year? I know they have other jobs, but I have 2 words for them...Turbo Tax!
Wonder what would happen if ALL the rest of us FORGOT to pay our taxes.
This makes me so angry...they are too busy? They are only in session 4 days a week for 4 months. And I'm not buying that they figure their own taxes...they have a tax person just like a lot of us regular folks that we must make appointments with and get our information to in a timely manner. I work and have 2 small kids and I have never once failed to file my taxes. This is absurd.
The tax agency (OTC or IRS) owing the taxpayer a refund is not a determanent on whether the taxpayer must file a return, PERIOD. In general it is gross receipts collected once over a limit (and it is very low) everyone must file a tax return. This is certainly so for our law makers and it is very BIG ISSUE. These are the same clowns that are voting on tax policy and spending our tax dollars!