Fighting Local Tax Delinquency With Dispositive Motion in Ohio
Full Question:
Answer:
A dispositive motion is a motion (i.e., written request) asking the tribunal to resolve an appeal through summary disposition. The grounds for summary disposition may include, but are not limited to lack of jurisdiction; lack of standing; another action has been initiated between the same parties involving the same claim; the claim is barred because of prior judgment, statute of limitations, statute of frauds, or assignment or other disposition of the claim before commencement of the appeal; the opposing party has failed to state a claim on which relief can be granted; the opposing party has failed to state a valid defense to the claim asserted; and there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
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The following is from RITA's regulations:
"11:04 Authority to Arrange Installment Payments
A. Except as provided in Section 6:03.B.3 hereof, the Administrator is authorized to arrange for the payment of unpaid taxes, interest and penalties on a schedule of installment payments when the taxpayer has proved to the Administrator that, due to certain hardship conditions, he is unable to pay the full amount of the tax due. Such authorization shall not be granted until proper returns are filed by the taxpayer for all amounts owed by him under the Ordinance.
B. Failure to make any deferred payment when due shall cause the total unpaid amount, including penalty and interest, to become payable on demand and the provisions of Chapter 8:00 and 9:00 of the Regulations shall apply."
