10. Federal Liaison Services of Dallas, Texas claims $2,601.18 for interest charged because of electronic tax payments incorrectly sent to the Wisconsin DOR. The claimant is the third party tax processor for Acuity Specialty Products Group, Inc. Acuity was set up for electronic filing for Louisiana income tax withholding. When the electronic filing was set up in July 2002, an incorrect routing and state account number was used for Acuity's payments. Due to this error, Acuity's payments were sent to the State of Wisconsin instead of Louisiana. The claimant states that they were unaware of the error because DOR never informed them they were receiving the payments. It was not until March 26, 2003, when the Louisiana Department of Revenue sent assessments for unpaid taxes, that the claimant was aware of the error. The claimant contacted DOR and the incorrect payments were returned, however, Louisiana is charging interest on the late payments. The claimant believes that DOR should have notified them that they were receiving incorrect payments and requests compensation for the $2601.18 in interest due to Louisiana.
DOR recommends denial of this claim. There was no requirement for the claimant's client to pay Wisconsin taxes, however, payments were received by WI DOR through and electronic payment set-up which incorrectly contained Wisconsin's bank numbers rather than Louisiana's. DOR states, however, that it is not unusual for them to receive funds for unregistered accounts. Such funds are deposited to a holding account until resolved and it can take several months to research and attempt to register taxpayers in such cases. DOR therefore believes that it had no reason to believe the funds were incorrectly received. DOR states that it is unfortunate that the claimant was unaware of the error for seven months and that Louisiana did not notify them within that time. However, DOR states that because it was not responsible for either the computer error or the delay in notification, the claim should be denied.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
11. Rosa Lee Williams of Racine, Wisconsin claims $252.00 for 2001 Homestead Tax Credit that was disallowed by DOR. The claimant states that she filled out several homestead credit forms but that her credit was incorrectly disallowed by DOR. She states that her mother, who lived in Mississippi, became ill and later died. The claimant states that she was staying in Mississippi during her mother's illness and she therefore put the Mississippi address on the Homestead form so that the check would be sent to her there. The claimant alleges that her permanent address during 2001 was 4215 Durand Ave. She states that the owners of this property told her they do pay taxes and that they have never had problems with their tenants receiving homestead credit. The claimant requests her 2001 homestead tax credit.
DOR recommends denial of this claim. DOR states that the claimant submitted numerous homestead credit forms for 2001. DOR states that the first form, received on January 3, 2002, indicated that the claimant lived at 41 Brown Circle, Laurel, Mississippi during 2001. DOR denied the homestead credit because the claimant did not reside in WI in 2001. DOR's denial notice informed that the claimant that she had 60 days from receipt of the notice to appeal the denial. On March 12, 2003, DOR received another 2001 homestead credit form indicating that the claimant's lived at 2525 Jacato Drive, Racine, WI in 2001. DOR sent a letter to the claimant stating that, because she had not filed a timely appeal to DOR's 2002 denial, that denial was final and conclusive. In April 2003, DOR received a response from the claimant, which included 2000 and 2001 homestead credit forms stating that she resided at 4215 Durand Avenue during 2000 and 2001. DOR again informed the claimant that the initial denial of her homestead credit was final because she had failed to file a timely appeal. In May 2003, the claimant submitted written request appealing the credit denial on the basis that she lived in WI during 2001. In response, DOR sent the claimant a copy of her original homestead form (with the Laurel, Mississippi address) and again explained that because she had not filed a timely appeal, DOR's decision was final.
The Board concludes there has been an insufficient showing of negligence on the part of the state, its officers, agents or employees and this claim is neither one for which the state is legally liable nor one which the state should assume and pay based on equitable principles.
S424
12. Joyce Gulbronson
of Milwaukee, Wisconsin claims $178.64 for vehicle damage, which allegedly occurred in September 2002 at SFP. The claimant states that in the parking area for the racetrack, there was an extremely high speed bump. The claimant alleges that she drove over the speed bump very slowly, but that her vehicle's muffler got caught and damaged. She also states that when she was on the tram to go into SFP, several other visitors commented about the dangerously high speed bump and that the tram driver agreed and told them he would file a complaint with SFP officials. The claimant requests reimbursement for her damaged muffler.
SFP was sent a copy of this claim on April 22, 2003 but never responded to either the written request for a response and recommendation or several subsequent phone requests for a response.
The Board concludes the claim should be paid in the amount of $178.64 based on equitable principles. The Board further concludes, under authority of s.
16.007 (6m), Stats., payment should be made from the Wisconsin State Fair Park appropriation s.
20.190(1)(i), Stats.
The Board concludes:
1. The claims of the following claimants should be denied:
Daniel Erkkila
Shivette M. Griffin
Bruce B. Mohs
Pastori M. Balele/JMB JOBS
Mary Converse-Turner
Federal Liaison Services
Rosa Lee Williams
2.
Payment of the following amounts to the following claimants from the following appropriations is justified under s.
16.007, Stats:
3.
The following claim is not timely and the Board declines to decide the claim at this time:
Linda Kilgore
Dated at Madison, Wisconsin this _13th_ day of October 2003.
Alan Lee, Chair
Representative of the Attorney General
John E. Rothschild, Secretary
Representative of the Secretary of Administration
Eric Callisto
Representative of the Governor
Dan Meyer
Assembly Finance Committee
State of Wisconsin
Ethics Board
October 21, 2003
To the Honorable the Senate:
The following lobbyists have been authorized to act on behalf of the organizations set opposite their names.
For more detailed information about these lobbyists and organizations and a complete list of organizations and people authorized to lobby the 2003 session of the legislature, visit the Ethics Board's web site at
http://ethics.state.wi.us
Ashenfelter, Barry Wisconsin Humane Society
Essie, Patrick Circus World Museum
Jones, Glen Wisconsin Troopers Association Inc
Schimming, Brian Wisconsin Automatic Fire Sprinkler Coalition
Shibilski, Kevin Wisconsin Teamsters Joint Council 39
Tierney, Jodie Barr Laboratories
Tierney, Jodie Blood Center of Southeastern WI Inc
Tierney, Jodie Childrens Health System Inc
Tierney, Jodie Cingular Wireless
Tierney, Jodie Electronic Data Systems Corporation (EDS)
Tierney, Jodie Milwaukee Metropolitan Sewerage District
Also available from the Wisconsin Ethics Board are reports identifying the amount and value of time state agencies have spent to affect legislative action and reports of expenditures for lobbying activities filed by organizations that employ lobbyists.
Sincerely,
R. Roth Judd
Director
State of Wisconsin
October 16, 2003
The Honorable, The Senate:
Pursuant to Senate Rule
20 (2)(a) and
(b) I have appointed Senator Carpenter to the Joint committee on Finance and removed Senator Decker.
With regard to members of the minority party, appointments are made based on the nominations of that caucus.
Sincerely,
Senator Mary Panzer
Senate Majority Leader
State of Wisconsin
October 17, 2003
The Honorable, The Senate:
Pursuant to Senate Rule
20 (2)(a) and
(b) I have appointed Senator Cowles to the Building Comission and removed Senator Welch.
With regard to members of the minority party, appointments are made based on the nominations of that caucus.
Sincerely,
Senator Mary Panzer
Senate Majority Leader
State of Wisconsin
October 20, 2003
The Honorable, The Senate:
Pursuant to Senate Rule
20 (2)(a) and
(b) I have appointed Senator Decker to the Joint committee on Finance and removed Senator Carpenter.
With regard to members of the minority party, appointments are made based on the nominations of that caucus.
Sincerely,
Senator Mary Panzer
Senate Majority Leader
State of Wisconsin
Office of the Governor
October 13, 2003
The Honorable, The Senate:
I am pleased to nominate and with the advice and consent of the Senate, do appoint Servais, James G.,
of Stoddard, as a member of the Land Information Board, to serve for the term ending May 1, 2009.
Sincerely,
JIM DOYLE
Governor
