Business Assets Seized - Durkee Spraying Service

For Immediate Release
January 12, 2010

(Topeka) -- At 2:30 pm Monday afternoon, the Kansas Department of Revenue (KDOR) and Morton County Sheriff’s officers executed tax warrants filed in Morton County District Court. The department seized the business assets of Durkee Spraying Service, owned by, David A Durkee, located at 703 N Stanton St, Elkhart, KS 67950-1216 for nonpayment of State Sales Tax and Withholding Tax.

All known bank accounts, on-site cash, business inventory, and personal property assets belonging to the owner were seized and the business was sealed closed. Seized assets will be sold at public auction to pay toward delinquent tax.

Warrant execution occurs when all other collection attempts, including multiple letters, telephone calls, letters of impending legal action, tax liens filed with the District Court of domicile to secure the debt, previous bank levies and on-site till taps are executed to bring the taxpayer into compliance have been exhausted. After several unsuccessful collection attempts, or lack of response from the taxpayer, the Department is forced to take aggressive warrant execution action of seizing assets, which in this instance resulted in the business being closed.

The KDOR's standard practice is to continually encourage delinquent taxpayers, who are not lawfully filing or paying taxes (sales, income etc.), to voluntarily enter into a repayment agreements. When multiple collection attempts fail the Department is forced to protect the interests of the State and employ civil actions aimed at encouraging the taxpayers to comply, such as a bank levy, a till tap, or ultimately seizure of assets.

Sales TW 08 ST 14 Morton County on bus/David for Aug 2004-Jul 2006, Feb 2007-Aug 2007 - $14,825.24
Sales TW 2009 ST 15 Morton County on bus/David for Qtr 1 & 3/2008, Qtr 1 & 2/2009 - $97.96
Withholding TW 09 ST 7 Morton County on bus/David for Q4/07, Q1/08 & Q2/08 - $2,049.66

Total Sales tax debt $14,923.20
Total Withholding debt - $2,049.66

Total amount due: $16,972.86

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