Tax-owing lawmakers ID’d

Rule change fails: Senator’s resolution to allow panel’s probe of tax compliance doesn’t pass.

The Atlanta Journal-Constitution

Friday, March 06, 2009

The state identified three Georgia lawmakers who owe back taxes Thursday, just a few hours before the state Senate shot down a proposal to crack down on tax evaders who serve in the state Legislature.

The Department of Revenue released records showing action taken against state Reps. Al Williams (D-Midway), Winfred Dukes (D-Albany) and Roberta Abdul-Salaam (D-Riverdale). The three are currently either having their paychecks garnisheed or have had liens or tax levies placed against them to recover delinquent state income taxes.

The records indicate Williams owes the state $42,672, and his state pay is being garnished. The records also indicate he has a lien of $73,049 placed against property in Midway.

“What I have to say is not printable,” Williams said when reporters asked him about his tax problems.

The records show Dukes has had a levy of $828 placed against him and Abdul-Salaam has a levy of $646 against her. Neither show garnishments against their wages at this time, according to the Legislative Fiscal Office.

Dukes said the money the revenue department is trying to collect resulted from a “misunderstanding” with state tax officials.

“I’ve turned it over to my accountant,” Dukes said. He later told reporters he had mailed a check for the tax payment Thursday morning.

Abdul-Salaam had an excused absence from the Legislature on Thursday and could not be reached for comment.

State Revenue Commissioner Bart Graham said Wednesday that nearly 10 percent of the Legislature’s 236 lawmakers have run afoul of his department over unpaid taxes.

Revenue officials recently released a report to legislative leaders showing that 19 other legislators —-16 in the House and 3 in the Senate —- have not filed state income tax returns, some of them for six years. The names were redacted and have not been released because the information is still considered confidential until the individuals are given a chance to respond to revenue officials. Graham said the list contains the names of Republicans and Democrats.

This week Sen. Eric Johnson (R-Savannah) proposed a change to Senate rules that would allow the Senate Ethics Committee, which he chairs, to investigate tax compliance among fellow legislators.

Senate Resolution 452 would allow the state revenue commissioner to file a complaint with the Senate Ethics Committee on legislators who have not paid taxes. That would speed up the flow of information on the lawmakers with problems and could result more quickly in a public reprimand or a recommendation for removal from office, Johnson said.

Opponents on Thursday called the rule change a politically motivated witch-hunt.

The resolution, which needed a two-thirds majority, failed by six votes. The vote was 32-16.

Senators voted by a show of hands rather than a roll call vote, which means there is no record of who voted for or against the measure.

The vote came after a very personal speech by Senate Minority Leader Robert Brown (D-Macon), who said he had filed an extension for his taxes in 2006 and 2007 after a hospital stay of six months last year during which he was incapacitated.

Brown, who said he doesn’t know if he is on Graham’s list, held himself out as an example of why a legislator might have a legitimate reason for failing to file a tax return. State revenue officials have said filing an extension would not land anyone on a list of tax dodgers.

“You have a clear example of how this would be used,” Brown said of the proposed rule change.

“Not to get the facts, not to be clear, but a rush to judgment,” he said.

Brown called Johnson a “blood-sucker” and posted a large photograph of Johnson on a screen in the Senate chamber, showing Johnson wearing a shamrock necklace and waving the old Georgia state flag, which contained the Confederate battle emblem.

After Brown’s speech, Johnson addressed the Senate, saying this was a first in his many years in the Legislature. “I have never been as shocked as I am today on what I thought would be a unanimous vote,” Johnson said.

Current rules allow the release of lawmakers’ names if the state has placed a lien on their possessions to recoup taxes. But that process can often take months.

In response to the charge that he is a tax evader, Rep. Williams said the state actually owes him $400, and said his problems arose because Georgia would not permit deductions for his “church and charitable giving.”

Williams’ wages have been garnished before for back taxes. In April, The Atlanta Journal-Constitution reported that he owed $190,000 in unpaid state and federal taxes. At the time, he said it was because of a miscalculation by the state.

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