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	<title>Comments on: When is a &#8220;fee&#8221; not a tax? When the Mullarkey Court says so&#8230;</title>
	<atom:link href="http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/</link>
	<description>Returning accountability to our judicial system...</description>
	<pubDate>Sat, 11 Feb 2012 07:58:00 +0000</pubDate>
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		<title>By: Jim Wyatt</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-11214</link>
		<dc:creator>Jim Wyatt</dc:creator>
		<pubDate>Wed, 20 Oct 2010 18:19:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-11214</guid>
		<description>Does the term "unjust enrichment" ring a bell for anybody?  In the case of clear and convincing evidence, these "justices" (non-capitalization and disrespect intended) seem to think that, in their position, they are "above the law" and may do as they please.  It is time to put true conservatives (NOT REPUBLICAN OR DEMOCRAT) but TRUE CONSERVATIVES in these positions!  Let them know, and their successors know that WE WILL THROW YOU OUT if you "rule" against OUR WILL!</description>
		<content:encoded><![CDATA[<p>Does the term &#8220;unjust enrichment&#8221; ring a bell for anybody?  In the case of clear and convincing evidence, these &#8220;justices&#8221; (non-capitalization and disrespect intended) seem to think that, in their position, they are &#8220;above the law&#8221; and may do as they please.  It is time to put true conservatives (NOT REPUBLICAN OR DEMOCRAT) but TRUE CONSERVATIVES in these positions!  Let them know, and their successors know that WE WILL THROW YOU OUT if you &#8220;rule&#8221; against OUR WILL!</p>
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		<title>By: Warren Pugh</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-11041</link>
		<dc:creator>Warren Pugh</dc:creator>
		<pubDate>Thu, 07 Oct 2010 04:12:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-11041</guid>
		<description>PIF. Americans have not been rebellious for too many years.  They have been fairly law abiding, but since we are no longer considered anything but drones by the public bureaucrats the growth of people carrying firearms in public is going to gain some added significance.

Without PIFs folks are already taxed for those so-called services that doll up our streets and curbs. Time to rebel.</description>
		<content:encoded><![CDATA[<p>PIF. Americans have not been rebellious for too many years.  They have been fairly law abiding, but since we are no longer considered anything but drones by the public bureaucrats the growth of people carrying firearms in public is going to gain some added significance.</p>
<p>Without PIFs folks are already taxed for those so-called services that doll up our streets and curbs. Time to rebel.</p>
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		<title>By: Kent</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-10893</link>
		<dc:creator>Kent</dc:creator>
		<pubDate>Mon, 27 Sep 2010 22:26:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-10893</guid>
		<description>Apparently it is not your "government" that assesses the PIF, but your local businesses.  See what the City of Aurora says:

Public Improvement Fee (PIF) General Information

A Public Improvement Fee is a private fee that is collected by businesses on sales transactions. The money is used to pay for the public improvements related for a development of their site, such as curbs and sidewalks, storm management systems, sanitary sewer systems, public street lighting, and road and bridge development.

The PIF is specifically a fee and NOT a tax; therefore it becomes a part of the overall cost of the sale/service and is subject to sales tax.

The PIF is not collected by the City, but by a third party administrator hired by the owner of the development site. Questions about the PIF should be directed to the organization handling the PIF for that specific development area.

Guess you should complain about having to pay for curbs and gutters at you local shopping centers that assess a PIF</description>
		<content:encoded><![CDATA[<p>Apparently it is not your &#8220;government&#8221; that assesses the PIF, but your local businesses.  See what the City of Aurora says:</p>
<p>Public Improvement Fee (PIF) General Information</p>
<p>A Public Improvement Fee is a private fee that is collected by businesses on sales transactions. The money is used to pay for the public improvements related for a development of their site, such as curbs and sidewalks, storm management systems, sanitary sewer systems, public street lighting, and road and bridge development.</p>
<p>The PIF is specifically a fee and NOT a tax; therefore it becomes a part of the overall cost of the sale/service and is subject to sales tax.</p>
<p>The PIF is not collected by the City, but by a third party administrator hired by the owner of the development site. Questions about the PIF should be directed to the organization handling the PIF for that specific development area.</p>
<p>Guess you should complain about having to pay for curbs and gutters at you local shopping centers that assess a PIF</p>
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		<title>By: What a mess! Colorado politics&#8230; &#171; Conservative Libertarian Outpost</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-9650</link>
		<dc:creator>What a mess! Colorado politics&#8230; &#171; Conservative Libertarian Outpost</dc:creator>
		<pubDate>Thu, 09 Sep 2010 14:40:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-9650</guid>
		<description>[...] re-defining Taxes as Fees (Colorado Car Tax, Ritter Gun [...]</description>
		<content:encoded><![CDATA[<p>[...] re-defining Taxes as Fees (Colorado Car Tax, Ritter Gun [...]</p>
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		<title>By: Dan</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-8074</link>
		<dc:creator>Dan</dc:creator>
		<pubDate>Wed, 30 Jun 2010 12:59:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-8074</guid>
		<description>I too have felt the knife of fee collectors.  I'm not educated in law and politics but find myself paying four times the amount of my registration fee's for my trailers.  My point is the trailers are not on the road, bridges and highways 365 days of the year.  How does one pay late fees on something that wasn't used?  I work hard...I pay my fair share...politicians and members of state governments are out of control with spend, spend, spend.  "Who cares where the money comes from!."...Lets stop this madness...I budget my finances...Let MAKE them too.

Dan in Fremont</description>
		<content:encoded><![CDATA[<p>I too have felt the knife of fee collectors.  I&#8217;m not educated in law and politics but find myself paying four times the amount of my registration fee&#8217;s for my trailers.  My point is the trailers are not on the road, bridges and highways 365 days of the year.  How does one pay late fees on something that wasn&#8217;t used?  I work hard&#8230;I pay my fair share&#8230;politicians and members of state governments are out of control with spend, spend, spend.  &#8220;Who cares where the money comes from!.&#8221;&#8230;Lets stop this madness&#8230;I budget my finances&#8230;Let MAKE them too.</p>
<p>Dan in Fremont</p>
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		<title>By: David Henderson</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-5679</link>
		<dc:creator>David Henderson</dc:creator>
		<pubDate>Sun, 31 Jan 2010 03:03:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-5679</guid>
		<description>Is this why Lakewood has both a sales tax and a "public improvement fee" (PIF), complete with requirements that all cash registers have to have a sign that says, "The PIF is NOT [underlined] a sales tax, but is part of the price of goods and services sold"?  Was the PIF implemented after this ruling?  Or has it been around since before TABOR?

davidh</description>
		<content:encoded><![CDATA[<p>Is this why Lakewood has both a sales tax and a &#8220;public improvement fee&#8221; (PIF), complete with requirements that all cash registers have to have a sign that says, &#8220;The PIF is NOT [underlined] a sales tax, but is part of the price of goods and services sold&#8221;?  Was the PIF implemented after this ruling?  Or has it been around since before TABOR?</p>
<p>davidh</p>
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		<title>By: Jamie</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-1766</link>
		<dc:creator>Jamie</dc:creator>
		<pubDate>Sat, 17 Oct 2009 14:28:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-1766</guid>
		<description>CTBC:
  I want to thank you for highlighting this issue. I recently was stung by Ritter's new scam....I mean fees. This being the second episode for me I decided to e-mail my Govenor and issue a complaint. The e-mail was returned as undeliverable however, the Govenor did grace me with a link to his news letter.  It seems that the oppinions of his constituants no longer matter so long as he can skate around the laws we the people vote for.</description>
		<content:encoded><![CDATA[<p>CTBC:<br />
  I want to thank you for highlighting this issue. I recently was stung by Ritter&#8217;s new scam&#8230;.I mean fees. This being the second episode for me I decided to e-mail my Govenor and issue a complaint. The e-mail was returned as undeliverable however, the Govenor did grace me with a link to his news letter.  It seems that the oppinions of his constituants no longer matter so long as he can skate around the laws we the people vote for.</p>
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		<title>By: Joshua</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-743</link>
		<dc:creator>Joshua</dc:creator>
		<pubDate>Fri, 31 Jul 2009 15:51:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-743</guid>
		<description>James, your necessity argument is the rational that Mullarkey, Bender, Marroney, Ritter, and the Democratic majority have employed.  But, none of them has had to fill out the 26 page application for food assistance, listened to their children cry from hunger, or laid awake wondering how they'd keep their upscale homes.  None of them has lacked for medical or dental care and their PERA accounts are full.  The same is true of the bureaucrats and public employee unions who support them.  

Clear The Bench Colorado is, in attempting to rid us of Mullarkey and her buds, performing a true public service.  Purging the court of those who are contemptuous of the law, contemptuous of the ordinary citizens who voted for TABOR, and disdain the basic tenant that government exists to serve the people, is imperative.</description>
		<content:encoded><![CDATA[<p>James, your necessity argument is the rational that Mullarkey, Bender, Marroney, Ritter, and the Democratic majority have employed.  But, none of them has had to fill out the 26 page application for food assistance, listened to their children cry from hunger, or laid awake wondering how they&#8217;d keep their upscale homes.  None of them has lacked for medical or dental care and their PERA accounts are full.  The same is true of the bureaucrats and public employee unions who support them.  </p>
<p>Clear The Bench Colorado is, in attempting to rid us of Mullarkey and her buds, performing a true public service.  Purging the court of those who are contemptuous of the law, contemptuous of the ordinary citizens who voted for TABOR, and disdain the basic tenant that government exists to serve the people, is imperative.</p>
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		<title>By: CTBC Director</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-715</link>
		<dc:creator>CTBC Director</dc:creator>
		<pubDate>Sun, 26 Jul 2009 21:20:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-715</guid>
		<description>The ends justify the means, eh James?

Your statement seems to endorse lying to the people to "give them what they want."

Perhaps, rather than politicians pandering to the public promising all things to all people - and at no cost - we might be better served by statesmen (and women) who make clear the cost of government services, then allow the people to make rational choices - like adults, not wards of the state.

Like many others, I have no objection to paying for the services I demand (and use).  However, I object vehemently to being forced to pay for services I neither demand, use, or even desire.  I object even more vehemently to being lied to and treated as incapable of making my own decisions about how to allocate MY resources and live MY life.

CTBC Director</description>
		<content:encoded><![CDATA[<p>The ends justify the means, eh James?</p>
<p>Your statement seems to endorse lying to the people to &#8220;give them what they want.&#8221;</p>
<p>Perhaps, rather than politicians pandering to the public promising all things to all people - and at no cost - we might be better served by statesmen (and women) who make clear the cost of government services, then allow the people to make rational choices - like adults, not wards of the state.</p>
<p>Like many others, I have no objection to paying for the services I demand (and use).  However, I object vehemently to being forced to pay for services I neither demand, use, or even desire.  I object even more vehemently to being lied to and treated as incapable of making my own decisions about how to allocate MY resources and live MY life.</p>
<p>CTBC Director</p>
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		<title>By: James Bowen</title>
		<link>http://www.clearthebenchcolorado.org/2009/07/16/when-is-a-fee-not-a-tax-when-the-mullarkey-court-says-so/comment-page-1/#comment-610</link>
		<dc:creator>James Bowen</dc:creator>
		<pubDate>Sun, 19 Jul 2009 15:00:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.clearthebenchcolorado.org/?p=1031#comment-610</guid>
		<description>These things are necessary when you live in a state where the citizens do everything in their power to avoid paying the taxes that provide the services they demand.</description>
		<content:encoded><![CDATA[<p>These things are necessary when you live in a state where the citizens do everything in their power to avoid paying the taxes that provide the services they demand.</p>
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