Barksdale Airmen face unlawful taxation

  • Published
  • By Senior Airman Allison M. Boehm
  • 2nd Bomb Wing Public Affairs

The Louisiana Department of Revenue recently has been sending military members bills on an annual basis for Louisiana taxes only because the service member filed a federal income tax return from a Louisiana address.

The 2nd Bomb Wing Legal Office here at Barksdale, home of Air Force Global Strike Command, urges members to immediately visit them if that is the case so an attorney can advise them how to proceed.

"I fear that there are many more members out there with the same type of story and that in the coming months, as this issue becomes more and more public, we will begin to realize that the scope of the LDR's unlawful practices, and the damages they have inflicted on our members, is much greater than any of us imagined," said Capt. Robert Burlison, 2 BW Legal Office assistant staff judge advocate, chief of legal assistance and labor law.

Barksdale Airmen need to ensure they are educated on the issues we are facing with the LDR and know they have federal rights that will protect them from the LDR's unlawful actions. The base legal office is on their side and is not taking this issue sitting down."
The federal Fair Debt Collection Practices Act states that it is illegal to attempt to collect an unlawful debt and requires the debt collector to obtain validation of the debt from the creditor when the debtor challenges the debt.

As Captain Burrilson explains, the burden is thus on the creditor, not the debtor, to prove the debt, something the LDR can never do because all it has is a Louisiana address, which by itself is nowhere near sufficient to prove that the debtor has resided in Louisiana.

In past years, the 2 BW Legal Office has seen approximately 60 legal assistance clients who have received unlawful tax demand bills from the state of Louisiana.

"Every active duty member and spouse at Barksdale likely receives a Louisiana tax bill, which means that well over 5,500 military members and spouses receive these bills each year, said Captain Burlison.

Airmen who have been stationed at Barksdale and filed their income tax with a Louisiana address are at target.

If an Airman has been given this claim from the LDR, the legal office will draft a dispute letter for the member notifying the LDR that they continue to demand Louisiana tax on the member's military income, the LDR could be subject to civil penalties and a lawsuit for actual and punitive damages.

"So far we've been successful writing letters and having members attach a copy of their LES and orders, but we have not yet been able to stop the LDR from continuing to send bills for subsequent tax years," said Captain Burlison.

We've recently escalated the issue all the way up to the Air Force Chief of Legal Assistance and the Office of the Secretary of Defense. They have been in contact with a number of higher-ups in Louisiana, including Louisiana legislators and the Federation of Tax Administrators."

To dispute a bill from the LDR or any questions, contact the 2 BW Legal Office at 456-2561.