A local limo service is asking the court to decide how much in taxes it should have paid in recent years and whose assessment should be honored.
Anthony's Limousine Service Inc. filed a complaint July 8 in Cook County Circuit Court against the city of Chicago's Finance Department and Administrative Hearings Department.
The tax period
concerned is from July 1, 2005, to June 30, 2012. According to the
filing, an audit disclosed that Anthony's Limousine Service had unpaid
ground transportation taxes and that a total of $465,232.01 was owed as
of Dec. 21, 2012.
On July 1, 2015, a final administrative decision was issued by the city's Department of Administrative Hearings concerning the rights of the plaintiff.
According to the judgment, the lawsuit states, the Department of Finance "argues that it is entitled to judgment in its favor because [city code] requires that the assessment be considered prima facie correct and that the [plaintiff's] failure to produce books, records or other documents to show that the assessment is incorrect requires that judgment be entered in the department's favor."
The plaintiff, however, "asserts that the evidence fails to show how the auditor arrived at the assessment and that the affidavit submitted by the [plaintiff] in opposition to the department's motion for summary judgment shows that the [plaintiff] leased all the (permit) medallions to other livery businesses, the other businesses would pay the rental and ground transportation tax to the plaintiff, and the plaintiff would then forward the tax payments to the city," the lawsuit sates.
The court is asked to finally decide which opinion is just, the lawsuit states, and how much the plaintiff owes the city and how that should be paid.
The plaintiff is represented by Michelle Gonzalez and Associates in Chicago.
Cook County Circuit Court case number 2015L050502.