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Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Tax
Satisfied Customers: 1262
Experience:  22 years of tax preparation experience, including individual, trust, and estate returns.
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Kansas Drug Tax

Resolved Question:

I was raided by the DEA in Topeka,KS in 2007. The state initially taxed me $36,000 in drug tax. The case was taken over by the federal courts and the drug charges were dropped. Can the state of Kansas still hold me responsible for drug tax if the drug charges were dropped by the federal court?

Submitted: 1 year ago.
Category: Tax
Expert:  Arthur Rubin replied 1 year ago.

Arthur Rubin :

Thank you for using Just Answer.

Arthur Rubin :

I'm afraid so. State criminal conviction or civil fines or taxes are independent of Federal prosecution.

Arthur Rubin :

Even if the act which is taxed by the state is the same one which would indicate a Federal crime, Kansas and the US Government are separate entities, and the decisions of one are not binding on the other.

Customer:

I've been home from prison for 15 months now.No one has contacted about payment of this tax.What should I do?

Arthur Rubin :

May I ask what you were in prison for? It might make a difference in my answer.

Customer:

Felon in posession of a firearm...I plead to the firearms charge and they dropped the drug charges.

Arthur Rubin :

Were the drugs seized by Kansas authorities, and does the $36,000 include the 100% penalty?

Customer:

Drugs were seized by the DEA,I don't know what 100% penalty is.

Arthur Rubin :

Kansas has a 100% penalty on the "drug tax" if the tax was not paid in advance (or if the stamps have expired).

Customer:

I'm sure it was included

Arthur Rubin :

Nothing that has happened to you in Federal court affects the state drug tax assessment, or possible state criminal charges for failure to pay the drug tax (although the statute of limitations on that may have run).

Customer:

What I am asking is if I should be trying to contact someone about payment or let it go since no one has contacted me about it.The only way I know about it was through a credit report.No one has ever actually contacted me in any way about payment of the tax.

Arthur Rubin :

If you have any assets (not already seized under forfeiture laws — both Kansas and the Federal government may seize assets purportedly obtained from illegal drugs, by "suing" the assets, and you would have to file a claim and then sue to get the assets back), and the state hasn't attempted to seize them, it might mean they have dropped the assessment. I would hesitate to remind them...

Arthur Rubin :

I don't see any way to find out if the taxes were dropped without reminding Kansas that they were assessed.

Customer:

Any way I can go about getting it removed from my credit report?

Arthur Rubin :

It's outside my professional expertise. You can request the credit reporting agency remove it from your report, but the agency will likely attempt to confirm the debt with the state.

Customer:

Thank you very much sir.You have been very helpful.

Customer:

Excellent service

Arthur Rubin, Tax Preparer
Category: Tax
Satisfied Customers: 1262
Experience: 22 years of tax preparation experience, including individual, trust, and estate returns.
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