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2006-11-16
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2006-11-16
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T-Mobile and AT&T Wireless <br /> have been paying the 9% telephone license tax <br />in Municipal Code Section 5.84.010 under protest since 2002, except that AT&T <br />Wireless stopped around August 2005 when HB 209 took effect and then <br />resumed around August 2006 after the Missouri Supreme Court found HB 209 <br />unconstitutional. Now I have received calls that AT&T is increasing charges on <br />hard line phones as well. Both companies passed the tax through to their <br />customers, so the charge appeared on their monthly bills. As clarification we <br />have received some funds as T-Mobile has not filed any tax refund actions <br />against University City, so 90 days after each tax protest payment University City <br />has been able to transfer the money to its General Fund as provided in Section <br />139.031 RSMo. T-Mobile has paid University City approximately $280,000 to <br />date. AT&T Wireless paid approximately $300,000 prior to the passage of HB <br />209 and timely filed tax refund actions in St. Louis County Circuit Court, so we <br />have held that money in a separate account pending a decision in the tax protest <br />litigation. The tentative trial date in the AT&T Wireless tax protest litigation is <br />June 2007. If AT&T Wireless wins, we will have to refund the money. What <br />happens after that is between AT&T Wireless and its customers. Neither T- <br />Mobile nor its customers will get a refund because T-Mobile did not file tax refund <br />actions as required under Section 139.031 RSMo. Due to the increased number <br />of calls I have received, I believe the other wireless carriers are finally paying the <br />telephone license tax under protest because they realize they might not get <br />constitutional legislative relief or a favorable court decision on whether the <br />telephone tax ordinance applies to wireless service, and they want to create a <br />settlement or judgment fund with their customers' money. The companies will <br />blame the cities and instruct their customers to complain to their elected <br />officials. The reality is that for years wireless telephone companies have refused <br />to pay the tax because they contended they were radio companies instead of <br />telephone companies, but they have been unsuccessful so far in court, so they <br />are finally paying the tax (in some cases asking for more than the City’s required <br />tax). All other businesses have faithfully paid their taxes, and everybody suffers <br />when taxes are not paid by such an important industry. <br /> <br /> <br />Parent University <br />The School District of University City's upcoming , which will <br />be held this Saturday, November 18 from 8 a.m. until 12:30 p.m. at University <br />City High School, is a great opportunity to learn about the school district and <br />obtain invaluable information that can be used to help our children succeed in <br />school. The day begins with a continental breakfast and participants will be <br />eligible to win attendance prizes. Parent University will feature five 30-minute <br />sessions that will run concurrently throughout the event. Topics will focus on <br />health and nutrition strategies parents can use in the fight against childhood <br />obesity, identifying and managing student and parent stress, parental advocacy, <br />making the grade on standardized tests from the MAP to the ACT and college <br />prep strategies for K-12 students. Parent University is free and open to all <br />however, pre-registration is encouraged. Childcare will be provided for children <br /> <br />who are 3-11 years old. For more information call 290-4016. <br /> <br />
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