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I shouldn't have to fill out IRS form to have city pay my court costs

  • Published in Letters

To The Daily Sun,

In the Laconia Ward 5 Primary on September 10, 2013 for Ward 5 City Councilor, there was a mistake made by the city for the write-in results. Tom Tardif received three write-in votes that were not recorded. I was forced to take the city to court to have a recount. The recount proved that he received three write-in votes which gain him a spot on the ballot.

The only issue before the court is payment of the my court costs, which at this point is only a $250 filing fees, a $28.78 sheriff service fee and $1.98 in postage, for a total of $280.76.

On November 19, 2013 there was a hearing on costs and the defendant, Laconia City Clerk Mary Reynolds, failed to appear. The court order: "Based on the failure to appear, the plaintiff's request for award of costs is GRANTED." The City Clerk filed a Motion for Reconsideration claiming that she did not receive a notice for the November 19th hearing. In her response she states, "Nonetheless, the city recognizes the importance of having every vote count, and remains willing to reimburse him for his out of pocket costs incurred in connection with this matter. However, pursuant to city policy, in order for the city to do so, it requires receipts documenting those costs. It also requires that Mr. Gammon complete a W-9 form pursuant to Internal Control Policy. The city is well within its rights to require a W-9 Form. Whether the city's payment to petitioner is income is a determination he will have to make with his tax advisor. To the extent that it is, the city is required to file an informational return, and to obtain petitioner's tax identification number. The city requires an IRS W-9 Form only for vendors according to their "Internal Control Policy updated 10/10/. "

I am not a vendor. If I need a tax advisor that should be part of the cost to bring this action.

It is a U.S. and N.H. Constitutional Right to have every vote count. Court costs are not income. An IRS W-9 Form is related to income. This is not income.

The City Clerk is wasting your taxpayer money by having the Laconia City Attorney go to Concord for another hearing on January 21, 2014. Only to force me to fill out an IRS W-9 Form which says, "Under penalties of perjury, I certify that: 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding," Return of court costs has nothing to do with backup withholdings.

I would perjure myself by filling out an IRS W-9 Form. By not doing so would be forced to appeal this to the New Hampshire Supreme Court if the court requires an IRS W-9 Form for return of my court costs.

David Gammon