Commonwealth ex rel. Capital Tax Collection Bureau v. Harden

59 Pa. D. & C.4th 311, 2002 Pa. Dist. & Cnty. Dec. LEXIS 109
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedDecember 3, 2002
Docketno. 4051 CD 2001
StatusPublished

This text of 59 Pa. D. & C.4th 311 (Commonwealth ex rel. Capital Tax Collection Bureau v. Harden) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth ex rel. Capital Tax Collection Bureau v. Harden, 59 Pa. D. & C.4th 311, 2002 Pa. Dist. & Cnty. Dec. LEXIS 109 (Pa. Super. Ct. 2002).

Opinion

CLARK, J.,

INTRODUCTION

In 1789, Benjamin Franklin wrote “In this world nothing is certain but death and taxes.”1 And now, more than two centuries later, we are called upon to decide whether or not the latter of these unpleasant certainties may be assessed against a citizen, the defendant, Darnell Harden, a/k/a Hadiel T. G. Bey. The instant matter stems from what, upon first impression, might appear to be quite a simple proposition, namely, can the city of Harrisburg compel a resident to file an earned income tax return? However, as will be discussed herein, that proposition, notwithstanding the trappings suggested by the true party [313]*313in interest, is not what this matter is all about. Rather, it is the usurpation of the mantle of the sovereign, the Commonwealth itself, and an apparent abuse of the criminal justice process that is at the core of this case.

The primary focus of the court’s inquiry and discussion is the power and authority, if any, that the city’s retained “income tax collection officer” has to initiate and prosecute a private criminal complaint, all in the name of the Commonwealth, in order to extract compliance for an alleged violation of the city’s taxing ordinances. More specifically, can the city’s tax collector employ criminal law procedures and sanctions, advanced by private persons and entities (who may have serious conflicts of interest in such matters), in an attempt to obtain compliance with the taxing ordinances. And more particularly, can this apparent course of first resort be employed by private persons acting under an assertion of color of state law.

BACKGROUND

From the scant documents of record in this case, it appears that the defendant was an adult resident of the city during the 1999 calendar year. By virtue of the city’s Earned Income and Net Profits Tax Ordinance no. 108, as authorized by the Pennsylvania Earned Income statute, 53 P.S. §6913, the defendant was allegedly obligated to file a return of earned income or net profits on or before April 15, 2000. According to the private criminal complaint filed against the defendant, he (defendant) failed to file such a return within the prescribed time to do so. It does not appear anywhere of record that the city’s tax collector attempted to first obtain compliance [314]*314with the local tax ordinances through any type of civil proceeding, although expressly authorized by law to do so.

On or about August 15,2001, a private criminal complaint was filed by Ms. Gloria Johnson, denominated as the “deputy earned income tax officer” of the “Capital Tax Collection Bureau” against the defendant, alleging that he (defendant) had violated the provisions of the ordinance. That private criminal complaint was never approved, prior or subsequent to filing, by a Commonwealth attorney. Thereafter, a summary criminal proceeding was conducted before District Justice Joseph S. Solomon, which resulted in the defendant being found guilty of violating the ordinance, and he was assessed a fine and costs in the amount of $540.50. (3/28/2002, N.T. 2.) A timely appeal was filed by the defendant, and the case was thereafter scheduled for a de novo summary trial before this court.

DISCUSSION

In preparation for hearing this matter as a de novo trial, the court had an opportunity to review the file documents and noted several matters that raised issues of both substantive and procedural concern relating to criminal law and procedure. First, it should be noted that on November 21, 2001, the defendant, pro se, had filed with the court a document which he entitled “petition in error.” This petition can best be described as a rambling, rather incoherent attempt to invoke some sort of self-styled collage of disjointed concepts involving constitutional law, common law, and other assorted and sundry notions, all seeming to assert a challenge to the ordinance and its applicability to him, the defendant. Indeed, from read[315]*315ing that petition, it was quite apparent to the court that the defendant had little or no concept of the pertinent issues of the private criminal prosecution that was being hoisted against him, and he was likewise not likely to be able to fairly respond to such situation in any meaningful fashion. This obvious disparity between the prosecution and the defendant served to heighten our concerns about the defendant’s ability to adequately defend himself against these allegations.

It is vital to a reasonable discussion of this matter to truly illuminate just who was claiming to be the “Commonwealth” in these criminal proceedings. As noted earlier, this prosecution was initiated by a private criminal complaint. A passing glance at the title of the employer (Capital Tax Collection Bureau) of the person (Ms. Johnson) who signed the complaint as affiant, and her title (deputy earned income tax officer), might initially convey an impression that this prosecution against the defendant was being instituted and advanced by a public employee who was employed by a governmental entity. However, in reality, nothing could be further from the truth. In fact, the Capital Tax Collection Bureau is a private, non-profit corporation which solicits municipal governments, including school districts, to act as their tax collector, pursuant to the provisions of 53 P.S. §6913. Likewise, the deputy earned income tax officer, Ms. Johnson, the affiant, is a privately employed, civilian employee of that same, non-profit corporation, the bureau.

It would be of some value to initially dispel any suggestion that the city is not authorized to enact a taxing ordinance, such as ordinance no. 108. It is, and has every legal right to levy and collect on earned income and [316]*316net profits as established by that statute. Nor is it in dispute that the city can engage the services of a private entity, such as the bureau, to function as the city’s tax collector, again pursuant to the provisions of that same statute. What is very much in question in this case is the manner by which criminal proceedings were initiated by an affiant of a private, non-profit corporation in an attempt to force a citizen to conform to the dictates of a local ordinance. Although the bureau is duly registered and denominated as a non-profit corporation, reason dictates that it must generate income from its services in order to pay its employees, operating costs, debt service and related expenses. It is also equally reasonable to presume that whatever fee schedule is established between the bureau and its client municipalities, it is, at least in significant part, predicated upon the volume of accounts collected and the resultant tax revenues paid over to its clients. Thus, there is an inherent and unavoidable monetary interest on the part of the bureau to collect as much tax as possible that may be due and owing from each person or entity that is subject to the levy. And therein is sown the makings of mischief.

An examination of the Act (53 P.S. §6913), reveals both the existence and absence of some statutory provisions which shed some light on the intention of the General Assembly when enacting this legislation. For instance, section VII of the Act, subsection (a), specifically authorizes the designated tax collection officer (bureau) to “sue, in the name of the taxing district, for recovery of taxes due and unpaid ....” 53 P.S.

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Commonwealth v. Koch
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Cite This Page — Counsel Stack

Bluebook (online)
59 Pa. D. & C.4th 311, 2002 Pa. Dist. & Cnty. Dec. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-capital-tax-collection-bureau-v-harden-pactcompldauphi-2002.