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by Charles L. Cotton
Sun Aug 29, 2010 12:01 pm
Forum: General Texas CHL Discussion
Topic: Taxes owed to the IRS
Replies: 10
Views: 14077

Re: Taxes owed to the IRS

Defndr90 wrote:
Oldgringo wrote:
Defndr90 wrote:
chabouk wrote:Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".
Does anyone know exactly what "adjudicated delinquent" means? Does it mean that it has went through the court system or just a notification you are deliquent in your taxes?
http://www.merriam-webster.com/dictionary.htm" onclick="window.open(this.href);return false; can be your friend
Thanks pal. Sorry to have posted a stupid question on this board.
Texas only cares about Texas money. If it's not owed to a Texas taxing authority, it's not a problem.

As an attorney, it is very clear the no one has a final determination of delinquency unless a court has entered a judgment against them and they have either lost all available appeals, or the time to prosecute an appeal has expired. However, DPS does not look at it that way. They take the position that they can contact the taxing authority, or the Texas AG's office for child support, and if they are told the applicant is delinquent, that constitutes a "final determination." However, DPS also takes the position that a person is who delinquent but is paying the arrearage in accordance with an agreement with the taxing authority or AG's office is eligible for a CHL.

I couldn't find any case law on point, but I admit I didn't do a thorough search. I do think DPS would have a very hard time winning that one in court. Every lawyer who passed the bar knows what constitutes a "final determination."

Chas.
by Charles L. Cotton
Sun Aug 29, 2010 11:56 am
Forum: General Texas CHL Discussion
Topic: Taxes owed to the IRS
Replies: 10
Views: 14077

Re: Taxes owed to the IRS

Oldgringo wrote:
Defndr90 wrote:
chabouk wrote:Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".
Does anyone know exactly what "adjudicated delinquent" means? Does it mean that it has went through the court system or just a notification you are deliquent in your taxes?
http://www.merriam-webster.com/dictionary.htm" onclick="window.open(this.href);return false; can be your friend
Not when you're looking to answer a legal question or trying to encourage new members to participate in TexasCHLforum.

Chas.

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