Bucci v. Applied Business Controls, Inc.
Bucci v. Applied Business Controls, Inc.
Opinion of the Court
MEMORANDUM AND ORDER
This action for damages under 42 U.S.C. § 1983 challenges the constitutionality of procedures defendants used to collect taxes allegedly owed by the plaintiff under an earned income tax levied by the Norristown Area School District and the Borough of Norristown. On August 22, 1984, this Court denied defendants’ Motions to Dismiss finding the record at that time insufficient to resolve whether the action was barred by the Supreme Court’s decision in Fair Assessment in Real Estate, Inc. v. McNary, 454 U.S. 100, 102 S.Ct. 177, 70 L.Ed.2d 271 (1981).
The undisputed facts in this case show that defendants Borough of Norristown and Norristown Area School District adopted a one percent earned income tax
Plaintiff’s requests for an injunction and a declaratory judgment are barred by the Tax Injunction Act
The inquiry into whether a state remedy is “plain, adequate, and complete” is governed by the same standards as the inquiry into whether the remedy is “plain, speedy, and efficient.” See Fair Assessment, 454 U.S. at 116, n. 8, 102 S.Ct. at 186. “[A] state-court remedy is ‘plain, speedy and efficient’ only if it ‘provides the taxpayer with a full hearing and judicial determination at which she may raise any and all constitutional objections to the tax.’ ” California v. Grace Brethren Church, 457 U.S. at 411, 102 S.Ct. at 2509.
There are several methods by which the plaintiff may challenge local taxing practices under Pennsylvania law. Under 72 P.S. § 5566b a taxpayer who has paid or been caused to pay her tax may file a claim for a refund. If the taxing authority refuses or fails to refund said taxes, the taxpayer may institute an action in assumpsit in the Court of Common Pleas. See 72 P.S. § 5566c. Similar state remedies have been found to meet the requirements of both the Fair Assessment case and the Tax Injunction Act. See California v. Grace Brethren Church, 457 U.S. 393, 102 S.Ct. 2498 (1982); Rosewell v. LaSalle National Bank, 450 U.S. 503, 101 S.Ct. 1221 (1981); Kimmey v. H.A. Berkheimer, Inc., 376 F.Supp. 49, 54-56 (E.D.Pa. 1974), aff'd., 511 F.2d 1394 (3d Cir. 1975). Furthermore, taxpayers challenging the constitutionality of state taxation practices may, in some circumstances, seek equitable relief in state courts. See Cedarbrook Realty, Inc. v. Nahill, 484 Pa. 441, 446, 399 A.2d 374 (1979); In re Blue Cross Appeal, 416 Pa. 574, 577-78, 209 A.2d 799 (1965).
Since plaintiff has raised no genuine issue of fact contesting that the state remedies are both “plain, speedy, and efficient” and “plain, adequate and complete,” plaintiff’s damages claim is barred by the Fair Assessment case and her plea for injunctive and declaratory relief is barred by the Tax Injunction Act. Therefore, plaintiff’s complaint is dismissed.
. In addition this Court noted that the record was insufficient to resolve any issues of good faith or harrassment. Cf. Middlesex County Ethics Committee v. Garden State Bar Association, 457 U.S. 423, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1983). Upon review of the record now before this Court, I find that plaintiff has failed to raise any genuine issue of fact as to good faith or harassment.
. Title 28, Section 1341 of the United States Code provides as follows:
"The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under State law where a plain, speedy and efficient remedy may be had in the courts of such State.”
Reference
- Full Case Name
- Debora L. BUCCI v. APPLIED BUSINESS CONTROLS, INC. and David Robbins and Herbert Mace and the Borough of Norristown and Norristown Area School District
- Status
- Published