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Taxes-101  
#81 Posted : Tuesday, April 07, 2015 8:59:51 AM(UTC)
Taxes-101

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TheRealOrange, Dunleyg... thanks for the great legal explanations!
To clarify... The case is now in the Virginia Circuit Court (not Federal). And we are aware that we are at the beginning. If we get to trial and the Plaintiff prevails, we expect the State to appeal it to the Supreme Court of Virginia. So we have quite a ways to go. It's a long haul.
Taxes-101  
#82 Posted : Friday, April 10, 2015 4:43:09 AM(UTC)
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Judges Decision date has slipped again. Changed to April 17, 2015 (see www.csrstax.com). We are waiting for the Court's written decision on Virginia's attempt to dismiss the case (heard March 4, 2015). There were many filing related to the March 4, 2015 Hearing (total about 70 pages). Decision date could slip forward further! It's in the hands of the Judge.

Non-Virginia Residents: For those reading this who are in other states... approx. 22 states have tax policies similar to Virginia's. Thus if the Plaintiff prevails... it opens the possibility of those states eventually making changes.
Dunleyg  
#83 Posted : Tuesday, May 26, 2015 12:23:32 PM(UTC)

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Not to hijack the post, but the Wynne V State of Maryland Comptroller was decided by the US Supreme court last friday. Justice Alito wrote it failed the “internal consistency” test. My interpretation is: it just ain't fair for states to treat some taxpayers differently than others. State Comptroller's will interpret this ruling as narrowly as possible, I doubt it will have any direct effect in Virginia.

http://www.ncsl.org/blog...-no-double-taxation.aspx

Edited by user Tuesday, May 26, 2015 12:26:37 PM(UTC)  | Reason: Not specified

restonham  
#84 Posted : Wednesday, August 26, 2015 8:00:42 AM(UTC)

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Anything new on this topic or has it faded into the mist?
freeageless  
#85 Posted : Wednesday, August 26, 2015 1:08:51 PM(UTC)
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It looks like it has faded into the mist. I note that I am not able to get into the OP's website, so I assume perhaps incorrectly that he has lost his case-just as many before him who have challenged the system have lost. Nice try by Taxes 101. Sad, I was hoping he would win.

Edited by user Wednesday, August 26, 2015 1:11:27 PM(UTC)  | Reason: Not specified

Taxes-101  
#86 Posted : Friday, January 27, 2017 1:22:25 PM(UTC)
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CSRS Retirees are still overtaxed illegally (in Virginia). A portion of CSRS should be exempted from State income tax as comparable to Soc Sec. which is exempted 100%. NEEDED: 3 to 4 CSRS retirees to join legal suit… at NO COST from states listed below. I will pay all costs. A portion of CSRS retirement is an Alternate Social System. Such should be recognized and exempted from state income tax in the states listed below (those states exempt 100% of social security). I’m looking for 3 to 4 CSRS retirees in 3 to 4 of the states listed to join a legal suit in Federal Court to stop the states from discriminating against Fed CSRS retirees: AR, AZ, CA, CT, DC, IA, IN, ME, MI, OH, OR, VA, WI. Those who join will pay nothing. The principle will cover the attorney and court cost. Answer this post. I’ll give you my email subsequently.
postalvet  
#87 Posted : Friday, January 27, 2017 5:33:09 PM(UTC)
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this web site does not work

www.csrstax.com
Postal employee (retired) 38 yrs who helps even if some do not believe me! I was a Steward, officer & trouble maker. Just Sayin'
Taxes-101  
#88 Posted : Sunday, January 29, 2017 3:05:28 PM(UTC)
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Posted Jan 29, 2017
The former website www.csrstax was directed at the state case. But it needs to be moved to the Fed Court. Thus what is needed is Plaintiffs from several states, thus it would be heard in the Fed Court… where it belongs as 4 USC 111 is Federal Law. It will be grandly entertaining! So join as a Plaintiff so we can move it forward.
TheRealOrange  
#89 Posted : Wednesday, April 19, 2017 10:34:54 AM(UTC)
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Originally Posted by: freeageless Go to Quoted Post
It looks like it has faded into the mist. I note that I am not able to get into the OP's website, so I assume perhaps incorrectly that he has lost his case-just as many before him who have challenged the system have lost. Nice try by Taxes 101. Sad, I was hoping he would win.

It appears that the Virginia court held that there is no discrimination against federal CSRS employees based on the source of their pay or compensation, as prohibited by Title 4 U.S.C. § 111. In that case, Virginia's demurrer was sustained and the case was dismissed with prejudice. See, Karl Edward Beisel v. The Virginia Department of Taxation and Craig Burns, Circuit Court of the City of Chesapeake, Case No. CL 15-2. The order was reported as Public Document (P.D.) 16-7 (2/23/2016). The dismissal was then appealed by the plaintiff to the Supreme Court of Virginia, which refused the petition for appeal, ruling that there was no reversible error in the circuit court's judgment. See, SCV record #151221 (11/19/2015). As far as the state action in Virginia, it is finished. I am not aware of any current federal district court actions on the issue.
Taxes-101  
#90 Posted : Friday, August 25, 2017 6:40:41 AM(UTC)
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Yes the case was dismissed by the Virginia Court Circuit Judge. A terrible and wrong Judgment (but now it's history). The judge's letter of dismissal identifies the "Sources" as CSRS vs Soc Security. However, the Supreme Court determined that CSRS pensions are "Deferred Compensation. Such is EARNED, OBLIGATED AND FUNDED, while in Federal employment. The CSRS Trust fund is merely the administrator of the funds given to it on behalf of retires. It's not the source. The letter goes on to say the CSRS and Social Security Admin are the two Sources. And the only the Soc. Security "Source" is exempted from Virginia's income tax... that all "Retirement Pensions" are taxed. This is however not True. Virginia also exempts Tier One Railroad retirement (sent out by the Railroad retirement board). So the discrimination still exists. BUT... no Virginia court would ever agree.... it's a challenge of the tax system designed the Virginia Legislature, and the Circuit Court judges are appointed also by the Legislation to 8 year terms. The most of the Judges want to be reappointed.
Needs to be heard in the Federal Court.

Raoul  
#91 Posted : Friday, August 25, 2017 7:04:08 AM(UTC)

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Born in Virginia, lived, worked there for 61 years.
I'm retired CSRS and last year moved to New Hampshire.
Just heard the house next door sold to another Virginia retiree.

No state income tax, no sales tax, low property taxes (it does have beaucoup snow).
Retired July 2011
restonham  
#92 Posted : Friday, August 25, 2017 7:15:21 AM(UTC)

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I believe this attempt is finished. It was a good try, but VA is not about to lose a major source of taxation. Moving to another state is always a possibility. If you like rain, move to Vancouver, Washington (no state income tax) and do you shopping right across the river in Oregon (no sales tax). And both dates have legal marijuana sales. We have loved in VA for over 45 years and will most likely stay here the rest of our lives. Too many friends and family to make state taxes a primary reason to move. BTW, coming from upstate NY, we HATE large snowfalls and are getting too old to mess with them.
Taxes-101  
#93 Posted : Tuesday, October 03, 2017 4:42:15 AM(UTC)
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Others needed to join!!
This case needs to be moved to Federal Court. Virginia judges will never rule against the legislature designed tax scheme as that same legislature must reappoint circuit court judges every 8 years. To do so would be a judge’s career suicide.
What is needed is several others from states other than Virginia to join me in this effort. We can then bring the case to Federal Court as it will be against several states. The other states of course will have to have a similar practice to Virginia’s, that is exempting Social Security from its income tax but taxing all or most of CSRS pensions (there are 22 such states). I would pay all legal and court costs. Others would pay nothing. I have found however that most simply don’t want to get involved. They prefer to do nothing.
If you are interested, leave info in this message board on how I can contact you.
If nothing else it will be an interesting endeavor. Get it into Federal Court and let the fireworks begin again!!!
TheRealOrange  
#94 Posted : Tuesday, October 03, 2017 5:56:06 AM(UTC)
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Originally Posted by: Taxes-101 Go to Quoted Post
Others needed to join!!
This case needs to be moved to Federal Court. Virginia judges will never rule against the legislature designed tax scheme as that same legislature must reappoint circuit court judges every 8 years. To do so would be a judge’s career suicide.
What is needed is several others from states other than Virginia to join me in this effort. We can then bring the case to Federal Court as it will be against several states. The other states of course will have to have a similar practice to Virginia’s, that is exempting Social Security from its income tax but taxing all or most of CSRS pensions (there are 22 such states). I would pay all legal and court costs. Others would pay nothing. I have found however that most simply don’t want to get involved. They prefer to do nothing.
If you are interested, leave info in this message board on how I can contact you.
If nothing else it will be an interesting endeavor. Get it into Federal Court and let the fireworks begin again!!!

If there is a basis for federal court subject matter jurisdiction, it should not matter how many states have similar laws; jurisdiction would apply to each state. If no basis for federal subject matter jurisdiction applies, then simply having a number of states involved will not somehow create that jurisdiction. The key is whether there is a sufficient federal question involved. Is there a federal element involved in the matter and is it of significant federal interest? I can't say with any certainty in this instance, but my guess (and it's purely a guess) is that the federal court(s) would dismiss the case(s) for lacking appropriate subject matter jurisdiction. Then again, anything is possible. Best of luck to you.

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