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Judge rules in favor of taxpayers; orders St. Louis to refund earnings tax for work

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CLAYTON, Mo. – The City of St. Louis Circuit Judge Jason Sengheiser ruled on Thursday in favor of the taxpayers in the city earnings tax refund case.

Attorneys Bevis Schock and Mark Milton filed a suit on behalf of six taxpayers over refunds of earnings taxes. Before the COVID-19 pandemic, the St. Louis Collector of Revenue had allowed refunds to non-residents of the city for those days they had worked outside the city. As the pandemic began, the Collector changed course and began denying those refunds. The suit asked the court to require the Collector to pay the refunds.

“We said if you are teleworking because of the pandemic, the city should refund, they withheld one percent,” Schock said. “We have achieved a tremendous victory.”

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According to the judge’s ruling on Jan. 19, the earnings tax ordinance means what it says, that the phrase “work performed or services rendered in the city” applies only to those who are physically present in the city. The judge waxes eloquent on the wonders of the rule of law and then directs the Collector to process the refunds.

“We have already received a number of inquiries and questions from other non-residents who either applied for earnings tax refunds that were denied or seeking them for various tax years,” Milton said. “This ruling is important because it makes it clear that these taxpayers should get refunds not only for 2020, but all future years.”

Early in the case, the court denied the plaintiffs’ class action status, which means that the ruling only applies to the six taxpayers involved. Still, the lawyers for the plaintiffs made a website called stlrefund.com and put up billboards to promote it. On this website, people could download forms to file a protest for the tax year 2020. The plaintiffs’ attorneys believe taxpayers will have until April 18 to apply for refunds for the tax year 2021.

The plaintiffs also made a claim under the Hancock Amendment, which is an amendment to the Missouri Constitution that states, in general, that there can only be a tax increase if the voters approve it.

The judge ruled that Hancock only applies to actions to raise taxes by the Legislative Branch, and because the Collector of Revenue is a member of the Executive Branch, his action to increase the tax “base” is not subject to Hancock.

“Hancock is only future-oriented, and so this is important to the city’s Collector going forward but also important to the viability of Hancock itself,” Milton said.

Schock and Milton plan to press forward on behalf of all teleworking taxpayers. They said they will appeal the denial of class-action status, if necessary. They also plan to continue to fight the Hancock issue.

A spokesperson for the St. Louis Collector of Revenue’s Office released the following statement:

“The judge’s nearly 20-page decision indicates how complex this issue is. We just received the court’s decision this evening. We believe our position is sound, and we are reviewing our options.”

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Man attacks Jeff Co. deputy with screwdriver during attempted arrest

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JEFFERSON COUNTY, Mo. – Two people are behind bars after a man reportedly attacked a Jefferson County deputy with a screwdriver during an attempted arrest over the weekend.

Prosecutors have charged Nicholas Davis, 47, and Amanda Davis, 45, of Dittmer, Missouri, with felonies in the investigation.

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The alleged attack followed a traffic stop of a driver in the 9500 block of Jones Creek Road on July 7, though the driver was not Nicholas or Amanda.

According to court documents obtained by FOX 2, Nicholas reportedly came out of his nearby home, yelled at a deputy and started approaching him while holding a screwdriver. The deputy initially ordered Nicholas to back away, then used pepper spray.

Per court documents, the deputy attempted to arrest Nicholas, who then struck him in the chest with the screwdriver. Amanda reportedly approached the deputy and pulled him away from Nicholas before both ran inside their home.

The Jefferson County Sheriff’s Office says the situation prompted an hours-long standoff involving negotiators, a SWAT team and a K-9 deputy. The situation led to Nicholas refusing warnings and being bitten by a K-9.

Nicholas and Amanda are both jailed in the Jefferson County Jail without bond. Nicholas is charged with first-degree assault on a special victim and armed criminal action. Amanda is charged with resisting/interfering with arrest.

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St. Louis Public Schools superintendent to be sworn in

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ST. LOUIS — The new St. Louis schools superintendent will be officially sworn into office today. Dr. Keisha Scarlett took over the job in July after the retirement of Dr. Kelvin Adams. She was assistant superintendent in the Seattle Public School District. The installation ceremony is at 6:15 p.m. before the regular school board meeting.

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Gas tanker crashes into St. Louis Metro transit center

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ST. LOUIS — A gasoline tanker truck crashed into a Metro transit center near Riverview and Hall Streets early Tuesday morning and knocked over a power pole. The pole is leaning on other power lines. Police have the area blocked off here because there is a downed power line. Ameren and Metro crews are also on the scene.

The incident happened around 12:30 a.m. It’s still unclear exactly what caused the crash, but we do that there was a second vehicle somehow involved. The airbags on that second vehicle did deploy.

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Police at the scene have not been able to give us a lot of details. Metro officials tell FOX 2 that the transit center here is operating this morning for passengers and buses. Access to certain areas will be limited here as clean up unfolds.

A Metro spokesperson says half of the station isn’t being used right now because of safety issues. It isn’t impacting overall bus operations, everything is just happening on the other side of transit center.

The extent of the damage to the actual transit center is still unclear, but I’m told it does not appear to be extreme. A Metro spokesperson tells me there were no injuries to any metro workers or passengers. The tanker driver also was not injured.

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