Yes, You Can Fight City Hall

Ken Davis

by James A. Bacon

Sometimes it takes grumpy old men to get things done.

Ken Davis, retired from a career in the Attorney General’s Office, lived with his wife in the Willow Lawn area of Richmond for more than 40 years. They paid their property tax bills on time and without complaint. But in July 2023, thanks to late delivery by the U.S. Post Office, they missed their first payment.

Davis went down to City Hall and dutifully paid the tax plus an $800 fine. But then he learned he wasn’t alone. More than 20 of his neighbors were late in receiving their bills, too. So, he filed an appeal.

The city finance director turned him down. “The city complied with all applicable billing and advertising requirements and non-receipt of a tax bill does not relieve a taxpayer of fault for failure to pay taxes on time,” she wrote, as the Richmond Times-Dispatch tells the story.

I know Davis personally, so I can say with confidence that he is soft spoken, mild mannered, and the consummate gentleman. He’s not the kind of person to get angry or pissed off. But the city’s response did get his dander up. State code, he says, is clear that ““penalty and interest for failure to … pay a tax shall not be imposed if such failure was not the fault of the taxpayer.”

Davis and his neighbors raised a pool of funds to cover lawyer fees and file an appeal. Eventually, the case reached Chief Administrative Officer Lincoln Saunders, who agreed that citizens should not be held responsible for the failure of the Post Office to deliver the mail in a timely manner. Davis’ appeal was accepted. He and about 20 others received $800 checks in reimbursement for the penalties they had paid.

Davis told the Times-Dispatch that he was happy with the end result but said it shouldn’t have taken so long. “When there’s a meritorious case where there’s a justifiable reason for the failure to pay on time, it shouldn’t take the threat of litigation to get the right result,” he said. “It shouldn’t take a grumpy old man eight months to get something done.”

Bacon’s cosmic conclusions: Virginia needs more grumpy old men like Ken Davis. Besides seeking redress from the City of Richmond, the Cornell University alumnus filed the Alumni Free Speech Alliance amicus brief in a free-speech case at Virginia Tech. He also spoke at the 3rd annual meeting of The Jefferson Council, warning of the liability that senior university executives expose themselves to by circumventing the U.S. Supreme Court ruling on race in college admissions.

Progressives have armies of tax-subsidized activists to pursue their causes. George Soros’ Open Society Foundations gives tens of millions of dollars to nonprofits seeking broad social transformation. Miranda Kaiser, a scion of the Rockefeller family, uses the resources of the Rockefeller Family Fund to collect billions from Exxon to recompense for climate change. Melinda French Gates, ex-wife of Bill Gates, announced Tuesday that she would donate $1 billion over two years to think tanks, advocacy groups and legal defense funds supporting women, families and abortion rights. The list is endless.

Billionaires can put their money in foundations where it accumulates tax-free. In an extravagant form of conspicuous consumption, they can use these funds to signal their virtue and pursue their ideological passions. And then they beset the rest of us.

Working Americans have nothing to match the foundation-funded armies of activists except their own time and their own paltry resources. Traditionally, we’ve been more inclined to donate to our community funds. We don’t try to “save the world” — just ameliorate it. We’re more concerned with actually helping people: supporting food banks, and shelters for battered women, college scholarships, cancer research and the like.

The Soroses and Rockefellers and French Gates of the world have nothing to fear from a radical transformation of society. They’re billionaires. They know people in power. They’re insulated from negative consequences. Working Americans are not. When times get tough, we can’t retreat to our chalets in Gstaad or bungalows in Martinique.

Virginia needs ten thousand grumpy old men willing to stand up and fight the good fight. Ken Davis should inspire us all.


Share this article



ADVERTISEMENT

(comments below)



ADVERTISEMENT

(comments below)


Comments

27 responses to “Yes, You Can Fight City Hall”

  1. Chip Gibson Avatar
    Chip Gibson

    10,001 here, Sir. God Bless Mr. Ken Davis. And, compliments to his neighbors and neighborhood. Fought the good fight and prevailed.

    Fire the City Finance Director immediately. City should cover the legal expense burdens of this action. Drain that Swamp.

  2. LarrytheG Avatar
    LarrytheG

    Every year, we see, like clockwork, some individuals who have been done wrong by the govt tax folks.

    I don’t know about Richmond but I get notices on email, social media, hand bills, in the paper, etc, etc… twice a year every year in June and December. It’s hard to miss it but some folks do, even the ones that have been paying it – every year for decades prior!

    Some folks have it on their calendars, both paper and electronic… even…

    I don’t excuse the Post Office nor the Richmond tax folks, they are not the best but it still seems a bit lame to me given all the various ways that are used to let people know that taxes are due.

    I know some folks don’t do much of anything in the modern world of online but expect their snail mail to still keep them informed… Makes me wonder if he is the guy loafing in the left lane on the roads.

  3. DJRippert Avatar
    DJRippert

    ** The city finance director turned him down. “The city complied with all applicable billing and advertising requirements and non-receipt of a tax bill does not relieve a taxpayer of fault for failure to pay taxes on time,” she wrote, as the Richmond Times-Dispatch tells the story. **

    In other words – even if we aren’t sufficiently competent to get you a bill for what you owe, you still should know to pay. On time. Or, pay a penalty.

    And some wonder why government and government employees are hated by so many.

    1. LarrytheG Avatar
      LarrytheG

      as bad as the Cable TV companies!

      1. DJRippert Avatar
        DJRippert

        Nothing is as bad as cable TV companies.

        1. Marty Chapman Avatar
          Marty Chapman

          DMV can run a close 2nd.

  4. Lefty665 Avatar
    Lefty665

    “penalty and interest for failure to … pay a tax shall not be imposed if such failure was not the fault of the taxpayer.”

    Seems like the same issue as with the meals tax brouhaha. Wonder how many more variations on the theme are lurking out there? Richmond has established an MO.

    1. DJRippert Avatar
      DJRippert

      But Richmond sure does have a big building for city business. It looks like it’s about 22 stories tall in the pictures I’ve seen. Given that Fairfax County has 5X as many people, I guess we can justify a 110 storey building.

  5. Nancy Naive Avatar
    Nancy Naive

    Thank DeJoy.

    Registered, Return Receipt Requested.

    Or, join the late 20th century, online via EFT.

    FWIW, Va. Dept. of Taxation no longer accepts checks over a certain amount, $1800 I think.

  6. James McCarthy Avatar
    James McCarthy

    “Billionaires can put their money in foundations where it accumulates tax-free. In an extravagant form of conspicuous consumption, they can use these funds to signal their virtue and pursue their ideological passions. And then they beset the rest of us.” Here are a few besting us in behalf of GOP/Trump:
    Leo Leonard, newly crowned billionaire; Stephen Schwarzmann; Richard Uhlein; Timothy Mellon; Ike Perlmutter; Robrt Mercer; Harold Hamm; Steve Wynn; Tod Ricketts; John Paulson.

    Topps should consider a collection for both parties.

    1. DJRippert Avatar
      DJRippert

      “Topps should consider a collection for both parties.”

      I have the Elon Musk rookie card.

  7. Tinkabell Avatar
    Tinkabell

    There are actually a whole bunch of “grumpy” people who are fighting utility solar and wind. And we ARE pissed. We aren’t winning all but that isn’t slowing us down. We are an army of grassroots people who refuse to see out homes, counties and state destroyed just to feed the Silicon Valley Oligarchs and their Data Bases. We’re not just in VA but all over the country and many foreign countries. We’ve had enough. We share information and encouragement amongst all the groups, attend meetings, communicate and VOTE. We are the Davids fighting the Goliaths.

    1. Chip Gibson Avatar
      Chip Gibson

      Grumpy is good, at times. Thanks for standing for right.

  8. Nancy Naive Avatar
    Nancy Naive

    Better grumpy old men than whiny white boys… or is that just a matter of age?

    “Age is only a matter of the mind. If you don’t mind, it doesn’t matter.”

    1. Chip Gibson Avatar
      Chip Gibson

      And, which might you be?

      1. Nancy Naive Avatar
        Nancy Naive

        It’s a sick world and I’m a happy fella.

        1. LarrytheG Avatar
          LarrytheG

          not sure I ever heard NN “whine”…. but snark out the wazoo for sure!

          Sounds like envy.

          just don’t get “unhinged”, it apparently causes whining from others…

        2. Marty Chapman Avatar
          Marty Chapman

          In the context of this blog I wonder if is worse to be unhinged by anger and grievance or so lacking in integrity and self control that you can’t live up to a simple agreement?

          1. Nancy Naive Avatar
            Nancy Naive

            What agreement? And, the former will kill you. They are poison apples.

          2. Marty Chapman Avatar
            Marty Chapman

            Ask Larry

          3. Nancy Naive Avatar
            Nancy Naive

            Don’t do 3rd party contracts. Don’t collect S&H green stamps either.

  9. Eric the half a troll Avatar
    Eric the half a troll

    “Progressives have armies of tax-subsidized activists to pursue their causes.”

    Look who the billionaires actually give their money to (8 of the top 10 give to Republicans).

    https://www.opensecrets.org/elections-overview/biggest-donors

  10. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    I applaud Ken Davis and his taking on the Richmond government that can never seem to do the most basic things right.

    The rest of the article is tripe. “Working Americans”, i.e. conseratives, can’t match “the army of activists” working for liberal causes? Give me a break. To James McCarthy’s list of conservtive billionaires funding conservative causes that, incidentally don’t often benefit “working Americans”, you can add, among many others: the Koch brothers, Tim Dunn, Farris Wilks, Paul Singer, Peter Thiel, Ken Griffin, Miriam Adelson, and Charles Schwab.

    1. LarrytheG Avatar
      LarrytheG

      Most of us over a lifetime have run into stuff like this and have our little battles with the bureaucracy as well as non govt bureaucracy like the plumber who didn’t show or the car repair place that ripped you off…etc..etc..

      Life is fully of potholes and it’s really not some kind of liberal conspiracy or govt “fascism”.

      And the City Hall thing has been around for as long as I can remember and was not depicted in culture war or partisan terms usually but JAB just launches into it head first:

      “…He also spoke at the 3rd annual meeting of The Jefferson Council, warning of the liability that senior university executives expose themselves to by circumventing the U.S. Supreme Court ruling on race in college admissions.

      Progressives have armies of tax-subsidized activists to pursue their causes. George Soros’ Open Society Foundations gives tens of millions of dollars to nonprofits seeking broad social transform…” Good LORD!

  11. energyNOW_Fan Avatar
    energyNOW_Fan

    The other thing is the large size of the penalty $800….do other states go for the jugular like this, or is this Virginia Way too?

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      I wondered about this, as well. I think this number must be a mistake. By law (the same section cited by Davis), the late payment fee is five percent of the amount owed. Localities may require payment of interest, as well. To add up to $800, that interest rate must have been very high or the tax severely overdue.

    2. LarrytheG Avatar
      LarrytheG

      I wonder how many know, for instance, that the IRS – if you are supposed to make quarterly payments and don’t do it – you can be assessed penalties even if it turns out you are owed a refund.

      “The Underpayment of Estimated Tax by Individuals Penalty applies to individuals, estates and trusts if you don’t pay enough estimated tax on your income or you pay it late. The penalty may apply even if we owe you a refund.”

      https://www.irs.gov/payments/underpayment-of-estimated-tax-by-individuals-penalty

Leave a Reply