Update July 16, 2010:
Ada Electric Cars continues to fight for the rights of all Oklahoma taxpayers who purchased any of the models of street-legal electric low-speed vehicles which the OTC is unlawfully and unethically denying the Okla. income tax credit on.
We again thank our customers for your business and also for your patience as we continue to work through this whole mess. I am still having trouble understanding why the legislature did not STAND UP and force the OTC to follow the law. I do understand Oklahoma is having budget troubles, but that is no excuse to allow the OTC to be unfair, unlawful, and unethical with the honest hard working taxpayers who choose to take advantage of the incentive put into place by the Oklahoma State Legislature 14 years ago.
Our attorneys have filed protests for many taxpayers. They have already had several pre-hearing conferences with the administrative hearing judge and expect the actual hearings to begin in late August. There is no way to know exactly when the results of the administrative judges ruling will be rendered but we would hope sometime by late September.
So, we hope that 60-90 days from now we are able to get some closure on this stressful situation. We believe that protesting the OTC's denial of the credit and having the facts reviewed by the administrative hearing judge is currently the best and fastest path to get matters resolved for our customers. In the meantime, continue to keep your state senator, state representative, the Governor, the OTC and others informed about how you feel..
If you or other taxpayers you know have had their credit denied, and if you haven't already made contact, we recommend that you contact our attorneys immediately (ask for their assistant, Crystal). Our attorneys have all the information and we believe they are in the best position to get our customers tax credits honored and their situation resolved quickly. Also, customers who purchased from Ada Electric Cars get a discount because of the work the attorneys have done on our case.
Contact info:
Mitchel, Gaston, Riffel & Riffel, PLLC
3517 W. Owen K. Garrison
Enid, OK 73703
ph. 580-234-8447
Again, thank you for your business and for your patience.
In your corner,
Roger Gaddis, CPA/CFP
Owner, Ada Electric Cars, LLC
Update posted 6/30/2010
The initial suite against the OTC was dismissed last week at the request of the Ada Electric Cars attorneys, but please understand, it is far from over, and we are reloading and headed back into battle on your behalf!
Our attorneys have added a co-council to our side and together they are modifying the suite and will be refilling it shortly with new information and additional defendants.
Thank you for your patience. We know this has been stressful. We still can not understand what the basis is that the OTC is using to justify their unlawful and unethical denial of credits that clearly fall within the Okla. State statutes.
We continue to encourage you to contact your state representatives to voice your concerns and disappointment regarding the improper acts of the OTC and the legislatures negligence in forcing the OTC to follow the law put in place by our elected officials over a decade ago, and then ratified by every legislative session since its inception.
Please join us in the fight, make the calls, write the letters, and ask all your friends, relatives, and acquaintances to do the same. If we allow these non-elected bureaucrats to create law at their own discretion, for whatever reason pleases them, we are doomed and will never be able to rely on any rule, law, or statute. Beware: Danger: we can't sit by and allow this. If not stopped here and now, it can lead to more of the same, or who knows maybe even worse!
Roger Gaddis
Ada Electric Cars
Posted 3/30/2009
Dear Ada Electric Cars (AEC) customer:
We have recently been informed by some of our customers that the Oklahoma Tax Commission (OTC) has rejected the customers’ claims for a State Income Tax Credit on the purchase of their electric car. The OTC claims these vehicles do not qualify for the Oklahoma State Electric Vehicle tax credit. We firmly believe the OTC is wrong in denying tax credits for any of the Tomberlin, Stealth, or Bad Boy vehicles you and our other customers purchased. There is an appeal process in place to contest the OTC’s rejection of your tax credit. We strongly recommend that you appeal the OTC’s rejection if you receive it. You have a legal right to this tax credit and we believe you should pursue it.
As you may be aware, we have been and still are in litigation with the OTC regarding these tax credits. Our attorneys at Mitchel, Gaston, Riffel & Riffel have researched this situation extensively and have all the information necessary to pursue your appeal for you. We have negotiated a price with the law firm to file the appeal for you and to follow it through to the Oklahoma Supreme Court if necessary. Because they have already done the research regarding the vehicles and the law and because AEC has an ongoing case with the law firm your price is $150. Attached to this message is a flyer from the law firm with more information on how to get started. You can of course appeal yourself without an attorney, but we feel your best chance for a favorable outcome is with qualified legal representation and this law firm already has the information necessary to fight your case.
Again, we strongly encourage you to appeal any rejection of LSV tax credits by the OTC. We have been doing everything we can to get this resolved and we will continue to fight this illegal abuse of power by the Oklahoma Tax Commission as long as it takes. We believe it’s important for all citizens to stand up for their rights against the government. Thank you for your business and your support.
Sincerely,
Roger Gaddis Bob Bennie
Ada Electric Cars
Please click here to view a chronology of the tax credit/lawsuit events
Please click here to view the attorney deal being offered for appeals
Below is a link to a recent Ada Electric Cars letter sent to our customers and prospective customers. We are in a NEW tax year so those interested in the purchase of an energy-efficient, street-legal, low-speed vehicle can take action now and use the credits on their 2010 tax return.
We find it very alarming that the State of Oklahoma is expecting $2.6 Billion in Federal stimulus funds, and the Oklahoma Tax Commission is on track to collect over $25 million over an 18 month period in auto tag penalties, but the common, hardworking, honest taxpayers of Oklahoma have to fight to collect the tax credit that was offered to them in the Oklahoma law for the last 14 years.
Click on the Links below to view
Call the Governor, your State Senator, your State Represenative, the OTC, and everyone else you can think of who might be interested. The Federal and State governments are here to protect our rights, not walk on them. Step up and make your voice heard!
Okla County lawsuit case CJ 2009-12413 info
Dear Ada Electric Cars Customer:
WE ARE STILL FIGHTING FOR YOUR LEGAL RIGHTS AS TAXPAYERS!!! As you can see by the photos and examples set forth, OTC has acted illegally and without authority in ruling which car models qualify for the Oklahoma income tax credits, and which ones do not. It is clear, they are acting completely arbitrarily and randomly (unless, of course, they’ve been motivated by something else???)!!! If this angers you in the least, we urge you to send FOUR (4) letters: one to your state senator, your state representative, Governor Brad Henry, and the Oklahoma Tax Commission. See the link (http://www.adaelectriccars.com/dyn/showpage.php?id=19) for all mailing addresses. A hand-written letter would be most effective, don’t waste your time with an email, as they get hundreds each day. We strongly suggest you include these pages of photos, which make their inequity so painfully obvious!! Tell them how you feel!!!
Photos & Examples of approved vs disapproved by OTC
Click on the link below for some information that separates golf carts from low speed electric vehicles.
Golf carts: Not street legal - can't tag |
