Retrospective Tax Case

On September 26, 2001, the General Assembly levied a retrospective tax increase of 6.45% on top tax bracket income taxpayers (7.75% increased to 8.25%) for the first nine months of tax year 2001. About $76,000,000 was unconstitutionally taken from taxpayers. The tax hike was to be limited to three years, but the governor now proposes it be continued three more years thru 2006. Coley, et al. v. Tolson, Wake County No. 03 CVS 005581. Judge Henry V. Barnette, Jr. dismissed plaintiff's action on July 1, 2004. We filed a Notice of Appeal on July 8, 2004. This case is pending in the North Carolina Court of Appeals. (Coley, et al. v. Tolson, COA 04-1141).

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