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Colorado Supreme Court declared “open season” for Governor, Legislature to target tax credits and exemptions

by | 10:01 am, January 24, 2010 | Comments Off

A recent Denver Post article noted that leading Colorado business groups oppose the Governor’s and Legislature’s latest proposals to “balance the budget” by targeting several long-standing tax credits and exemptions for “suspension or elimination.”

The article cited a letter from a coalition of groups expressing concern that increasing the tax burden on business would delay economic recovery and ultimately be self-defeating in raising state revenues:

“We believe it would be irresponsible to reduce investments in areas that directly lead to both protecting and growing Colorado jobs,” the letter said. “At a time when these resources are declining, purposefully impacting the funding source is unwise.”

The article notably failed to mention, however, just how these tax credits and exemptions could be targeted in the first place - since, under the Taxpayer’s Bill of Rights (TABOR), a “tax policy change directly causing a net tax revenue gain to any district” (whether by directly increasing taxes, or by eliminating an exemption) must first be approved by a vote of the people.

For decades, that WAS the common understanding of the law - and the constraints on government spending (and taxation) served the people of Colorado well.  The activist majority on the Colorado Supreme Court broke this consensus in last year’s notorious “Mill Levy Tax Freeze” ruling by going beyond the questions at issue in the case (the property tax increase) to declare “open season” on a long list of existing tax credits and exemptions - including those whose elimination are now opposed by Colorado businesses.

Don’t allow your rights to be taken away by stealth or incremental cuts - exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices this November!

Category: Colorado Supreme Court, PPC, TABOR
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