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Show To Each HU Own Federal Judge Limits Rebate Suit By Robert A Bryson Tribune Staff Writer Utahs deputy attorney general was allowed Monday to joust w ith the Internal Revenue Service over whether it can tax as income his $30 Judge Winder said Michael Deamer and his wife Evelyn can't file their case as a class action on behalf of them-.clvc- s and other Utahns and that he cant issue an injunction or declare the IRS ruling improper under the tax laws The IRS decision permitted taxing of some $45 million in refunds by the federal government property tax rebate granted by the Utah Legislature. Judge David K. Winder, US. District Court for Utah, ruled the rest of 342,000 Utahns receiving rebates who want to challenge the IRS ruling will have to file But their own, Mondays decision came at a hearing before Winder Mr. Deamer, Utah deputy attorney general, said he checked with the IRS on Judge separate cases whether it taxes the refunds granted Utahns as Mr r also noted he were to decision unless made in federal Tax Court Tax courts have jurisdiction in tax disputes "I may get my $.to (declared not to be taxed as income) but with the other cases, that would moan they will have to wouldnt discuss the mat ter further 1 had discussions with the IRS and I wont for this court what they were, but basically they challenged me to file suit So, I went ahead with our own tax rebate," he said, and challenged the IRS decison fight for themselves," Mr Deamer said The law is rigid, he said, and the federal court should he able to grant an injunction or declare the IRS action invalid, hut cant under Arrest 3 on Liquor Violations Three men have been arrested on suspicion of liquor law violations after sheriffs deputies raided a Holladay-are- a residence that had been converted into an after-hour- s nightclub." E. James Vaughn said ofDeputy ficers surveyed a home near 1500 East and 6200 South and watched while "customers entered during late night and early morning hours and paid $6 cover charges" to enjoy disco dancing" and to purchase liquor by the drink. Deputies said they found small cards advertising the residence as "Salt Lake private party." nty's only after-hour- s it win a decision in federal court, the IRS can decline to be bound by the income The IUS issued a pn vale letter ruling, which Mr Deamer said is designed to answer indi virtual tax questions, and characterize Iham that even the law "It is economically impossible to challenge this IRS ruling) in federal court. I have a $30 claim and it cost $50 for filing fees and attorneys fees," Mr Deamer said. About 40 people were inside the home when deputies arrested the three men they allege are proprietors of the makeshift nightclub They were being held in Salt Lake Jail Monday on suspicion of selling liquor without a license One of the three arrested men was also arrested on suspicion of possession of a controlled substance after deputies found a small amount of suspected cocaine on his person Robert Horowitz, Washington attorney City-Count- y from the U S. Depart, ment of Justice Tax was quizzed on the case by Judge Winder. Dtvi-son- "Isn't this tremendously unfair?" the Judge asked "All these people are situated in the same way. And, can anyone The three suspects are in their early clubs customers was arrested. 20s None of the who makes a claim be subject to an audit "If there are all those hundreds of thousands of taxpayers, how do they get a ruling that hinds the IRS and do it in an economical and feasible y- - T "i A ?-- w ay "Everyone who got hack (from the State of Utah) treatid the refund as income. They read in the paper what the, IRS decision was And if the IRS made a faulty ruling, the Utahns are out and there is no economic way to get a ruling. , money , ; . 1 - t V ' . tJ 'n 4 i m w " - Iv t'X tvv I - fiSvv $ M - .ZV rd r W - "v r CM X s- "Who in the world is going to go to the trouble for $30" he asked. "The IRS should have treated - fr tins more carefully m their ruling.' "Doesnt this impress you as the IRS making a judgment with no appeMr. al?" he asked Deamer filed his challenge and is spending his own money and time and I don't know if he is getting anywhere " Mr. Horowitz said the law clearly prohibits injunctions or declaratory judgment against the IRS unless in tax court and this was the intent of Congress. Photo by Tribune Correspondent Rick Hessett Landscape architect Leonard Grassli, left, parks board member Michael Monson sur- - vey Weber Hiver at new Fort Buenaventura State Park just west of downtown Ogden. Utah Will Dedicate Park Oct. 30 SOUTHEAST CUSTOMERS COME IN ALL SHAPES AND SIZES SO By Rick Hassett Tribune Correspondent OGDEN The newest state park in Utah, a replicS' of fur trapper Miles Goodyears original Fort Buenaventura, wiU be dedicated Oct. 30 at 2 p m. Erected by Goodyear near the Weber River in 1845, just west of what is now downtown Ogden, Fort Buenaventura was the first permanent settlement by a white man in the Great Basin. Gov. Scott M. Matheson will raise a United States flag and local residents dressed as mountain men will demonstrate the lifestyle of a trapper. The park, designed by Utah landscape architect Leonard Grassli, is located around a large grove of cottonwood trees. ... 28-st- ar 40-ac- Although Goodyear built his log fort out of cottonwood, Mr. Grassli said the new version has bi'en built out of quaking aspen and lodgepole pine. The park features day use campsites, scenic trails, pedestrian and auto bridges and restrooms built e around the Weber River and lakes. A visitors center is planned Inside the fort will be four log cabins based on dimensions from oingnal footings of the Goodyear period. zlso, there will be a garden similar to the man-mad- trappers Weber County Assessor Michael Monson, a member of the state parks and recreation board, said land for the park was donated by Union Pacific Railroad. Salt Lake Citys Budget Not Robust But Report Claims Its Getting By By WE PUT THIS SEALY MATTRESS ON SALE iSttfir ,ALTr 4if YES... Ct IN ALL SHAPES ... AND SIZES. Read on . . . people created equal? No, Not when it comes to a good nights sleep. You could blame it on that old it probably doesnt fit . . . just like obsolete mattress or a small coat . . . Sealy unwearing a tight collar derstands . . . and does something about it . . . for you. All ... ... EXTRA LONG TWIN SETS Todays taller generation? . . . stuck with yesterdays short mattress . . These twin sets are a full 80 long . . . thats 6 feet 8 inches long. . FIRM SLEEP NO. FULL SIZE TWIN SIZE each piece $ set 107 $ 147 1 QUEEN SIZE each piece 77 277 KING SIZE co set 377 TRY THE VERY BEST IN OUR SEALY POSTUREPEDIC SLEEP CENTER roMurcpcdic is designed in cooperation with leading orthopedic surgeons for no morning backache from sleeping on a mattress. Tmz our complete election of Americas No. 1 selling mattiess. too-so- I lt SUGAR HOUSE ... THE FIMITURE CAPITAL OF TOE Y1LST FREE DELIVERY IN TOWN FREE TERMS OUT OF TOWN V.. ..DOWN... VM0NTHLY.N0 INTEREST WHEN SHOP MONDAYS AFR1.T1L8 PAID AS AGREED. WEEKDAYS SAT. Jim Woolf Tribune Staff Writer Salt Lake City may not be in robust economic shape but its getting by. Thats the gist of the citys first quarter financial report given Monday to Mayor Ted L. Wilson. It showed several city departments running deficits but most sticking pretty close to their budgets. Not Overly Gloomy We have a few problem areas but the report was not overly gloomy, said the mayor. The biggest problem in the report was a potential $700,000 deficit in the fleet maintenance department. If nothing is changed, the city could run out of funds to purchase gasoline by March. Mayor Wilson attributed a large portion of the deficit to a $500,000 cut in fleet maintenance mandated by the city council when the budget was prepared. This is a classical case of the councils budgeting I really think the process getting out of wack It seems to me the council council blew that one didnt justify cutting that $500,000. They just left it in the executives bag with no direction as to where we'd make the cuts, said Mayor Wilson. Deficit Would Remain Finance director Albert Haines predicted the deficit would remain despite a strict new vehicle policy and a reduction in the number of fleet maintenance employees. Mayor Wilson said that in January hell reassess the situation and may have to trim money from other city departments to create a special fleet maintenance fund. A special contingency fund set aside by the city council may also be used to keep the citys fleet operating. Mr. Haines said another potential problem area is the police department He said attrition doesn't seem to be reducing the police workforce as quickly as Chief Bud Willoughby had predicted when his budget was prepared. Another problem is the extraordinary expenses incurred in investigating the Liberty Park sniper murder of two young men. 10-- 6 ,2144 Highland Drive . . . Dial 484-868- 6 ... May Recommend Cuts Mayor Wilson said if the budget problems continue he'll recommend the police chief cut operating expenses. Chief Willoughby said after the meeting that his budget is in good shape. He stuck by his earlier statement that attrition would be effective in reducing his workforce. Mr. Haines said a final problem area is the citys personnel department.in The cause here is the a building when it had department is paying rent planned to be housed in the new courts building. The courts building, adjacent to the Metropolitan Hall of Justice, was delayed by several strikes this summer. First quarter revenue projections, released last week, indicated that declining sales taxes might be another problem for the city. The projection is that sales tax revenue could be $1 1 million less than budgeted. Mayor Wilson had discussed immediate budget cuts to offset the decline but he w as warned Monday to wait until the second quarter report. Forecasts by Jan. 1 Rodger Neve, director of the Office of Budget and Management Planning, said bv Jan 1 he will have accurate revenue forecasts which will allow the mayor to know exactly how bad the problem is I think there's a danger in acting without knowing the magnitude of the problem," Mr. Neve udvised the mayor. After making his report. Mr. Haines summed up the oityB economic health this way "Overall, were playing it close to the vest. I think in this economic year. I think we're on top of the situation . . . the city looks fair. It's not m the best of condition but its OK " thats smart CITY A COUNCIL jo AGENDA U Heres the agenda for Tuesdays meeting of the Salt Lake City Council to begin at 5 p m in room 301 of the BuildingCity-Count- y Provide special recognition for Florence Bitner was recently elected Vice president of the National Conference of Neighborhood Councils. who Public hearing to consider petition from Alton Dean Jensen to delete certain property from the Avenues Historic District (scheduled for 5 30 p m ). Public hearing to consider vacating an alley running east and west between 900 South and Hayes Avenue and 10th West and Glendale Street (scheduled for 6 p m.). Consider interlocal agreement for lease of radio scanners to Murray City. Consider ordinance 18 amendment relating to .vehicle policy and cash allowances Consider ordinance amendment relating to overtime compensation for executive and professional employees. Mayor Ted L. Wilson will address the council regarding threatened veto of an ordinance passed two weeks ago limiting parking lots in residential areas. Set public hearing for Nov 25 to discuss rezoning property in area of South Temple and 200 South and 400 and 500 East streets Set public hearing for Dec 2 to discuss rezomng of property between 700 and 900 North streets and just route west of Redwood Road to the proposed Set public hearing for Dec. 9 to discuss rezomng or property located at 824 and 860 South 2nd East Consider ordinance amendment regarding regulations for development in the citys flood plain Consider ordinance amendment relating to structures and facilities in the public Consider ordinance amendment relating to repairs and replacement of sidewalks Consider resolution requesting transfer of contingency funds for snow removal program Consider reappointment to Estella Blewett and appointment of George Marks and Marv Adamson to Housing Advisory and Appeals Board Consider ordinance reclassifying and reorganizing positions within the Public Utilities Department. Consider ordinance reclassifying position of federal contracts compliance officer. Appoint Board of Equalization and Review for Curb and Gutter Extension No. Appoint Board of Equalization and Review for Curb and Gutter Extension No. Senior citizens will address the council regarding proposed demolition of Wasatch and Canyon Road Apartments right-of-wa- y |