D.C. Councilman Marion Barry should count himself blessed. U.S. Magistrate Judge Deborah A. Robinson, who is dealing with his tax evasion case, appears ready to go for the okeydoke — again. The former four-time mayor may get a second slap on the wrist for not filing tax returns for eight years straight, not paying associated taxes and, then, failing to honor the terms of his probation in connection with those violations.
If Barry were Christopher Dinwiddie, owner of The Breakfast Club LLC, aka Catfish Friday, his world would be upside-down.
Dinwiddie “failed to pay $175,000 in sales taxes collected from patrons,” according to the Office of Tax and Revenue. He also failed to file “Sales and Use tax returns.”
Barry owed more than Dinwiddie. The feds said the Ward 8 legislator’s tab is about $275,000. OTR told the world how much Dinwiddie owes. But it’s hush-hush about Barry’s bill.
Make no mistake: Barry isn’t Wesley Snipes. He wasn’t protesting the government’s right to collect taxes. The man who ran the city for 16 years and relied on tax dollars to balance the budget and to provide services to those “last, least and lost” he exploits regularly with abandon, simply couldn’t be bothered — although he received ample notices.
There is “an extensive” collection process when an individual or business fails to file a return, OTR officials told me. A letter is sent providing 30 days for a response; penalty and interest begin to accrue immediately. Then a bill is sent, giving the individual another 30 days to pay. If there isn’t a response, a certified letter is sent. A final notice is mailed, outlining various actions that can be taken, including seizing assets.
“This could take a year or longer, depending on the situation,” an OTR official said. When action finally is taken, it “doesn’t come as a surprise.”
So Dinwiddie should have seen it coming. The city seized his property, putting him out of business. In defiance, he re-entered the premises. He was arrested and charged with “operating his establishment without a business license.”
“Through our compliance initiatives, we are aggressively pursuing those who blatantly disregard the law,” said Stephen A. Cordi, deputy chief financial officer for tax and revenue.
Reviewing the two cases, it’s clear who received the better treatment. OTR officials cautioned that the money Dinwiddie didn’t pay belonged to the government; they compared his actions to robbing a bank. Average residents don’t make a distinction; both men didn’t file their returns or pay their taxes. Further, Barry remains in business. He can be found in his office at the John A. Wilson Building.
Outside the courthouse last week, after feds attempted to convince the magistrate that violating parole deserves punishment, Barry blasted the prosecutors, saying they were trying to cast him as a “scofflaw.”
He can’t blame anyone but himself for that characterization.
Jonetta Rose Barras, an author and political analyst, can be reached at [email protected].
