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Maxwell lawsuit seeks McCarty disqualification, alleges felony

A lawsuit has been filed by Fayette County Commissioner Eric Maxwell seeking the disqualification from office of J. Allen McCarty, who defeated Maxwell for his Post 5

commission seat in July and is poised to take office Jan. 1.

The lawsuit claims that McCarty in 2003 failed to pay $3.398.75 in state and local option sales taxes, but McCarty said Wednesday afternoon that he paid the tax in full "months and months" ago and has a receipt to prove it. The taxes, McCarty said, were due on a motor home he had purchased in Nevada under the belief that he would not have to pay Georgia

sales taxes.

A copy of the state tax filing against McCarty has been provided to The Citizen, but McCarty chided Maxwell for not checking to see that the state had removed the lien from his property after making the final payment installment. McCarty said he would consider providing The Citizen of copy of the receipt tomorrow, though he may hold onto it until the matter gets into court.

"They removed the liens from the property, which means it was paid, and they should have been smart enough to check that," McCarty said.

Maxwell contends that since courthouse documents show McCarty failed to remit the sales taxes that he collected on behalf of the state, he is considered "the illegal holder of public funds payable to the State of Georgia" and therefore under Georgia law is unqualified to hold public office.

The state tax document provided to The Citizen indicates that McCarty owed $3,398.75 in principal and with interest, penalties and fees the amount ballooned to $8,950 as of the filing of the Georgia Department of Revenue's State Tax Execution in February 2009.

In the suit, filed late Tuesday afternoon in Fayette County Superior Court, Maxwell is also seeking an injunction to prevent McCarty from taking office until a final order is issued in conjunction with the suit.

The lawsuit by Maxwell also accuses McCarty of "the crime of false swearing," a felony, on two dates in April when he qualified to run for office and declared his candidacy with an affidavit under oath or affirmation.

In addition to seeking a court order disqualifying McCarty from holding office, Maxwell is also asking the court for an order ruling that McCarty was unqualified to be a Republican candidate in the July 20 primary, which presumably would leave Maxwell as the office holder since he was the only other qualified candidate in that race.

Maxwell is also seeking to invalidate the results of the post 5 commission seat in the Nov. 2 primary and also to have the individual with the most write-in votes in the Nov. 2 election to be declared the winner. There were 549 write-in votes submitted via electronic polling machines in that race, and elections officials will have to comb through another 2,002 paper ballots to determine who got the most write-in votes, said Fayette County Elections Supervisor Tom Sawyer.

Maxwell is also asking for McCarty to be forced to pay the costs of the lawsuit "and the cost of a new election if required by this Court."

McCarty bested Maxwell with 7,544 votes to Maxwell's 6,346 in the Republican primary.

Maxwell said today that he found out about the tax execution that was issued against McCarty the day after the Nov. 2 general election.

McCarty said the lawsuit is "retribution" for the lawsuit that is being filed against the commissioners on behalf of the West Fayetteville Bypass Coalition, of which McCarty is a member over the construction of the second phase of the bypass.

"Not to mention that I beat him in the election, which I'm sure didn't sit well," McCarty said.



MajorMike's picture

There was a time when I had a great deal of respect for Eric Maxwell and Jack Smith. That time is most definitely past.

mbest's picture

That time passed in 2007 in comments you made before knowing the facts. You shoot from the hip.

If a current emcubent in any election was behind or had avoided his taxes, that information would fill the pages on these blogs.

This is an example of the anti-encumbent feelings regardless of how un-ethical newbees might be. No matter what prejudice you hold towards the current Commission; you have to realize Maxwell's no dummy. There's probably more to this.

ptctaxpayer's picture

Give Eric Maxwell a do-over.....I truly enjoyed watching him get his ass kicked 2-1 by an complete newcomer. LOL...Yeah, "I Sue"... Let's do it again.

MajorMike's picture

2007? Shooting from the hip? That's GREAT - only one mistake in three years! Please elaborate and share with the others here.

I would wait for all the "back taxes" facts to come out if I were you.

McCarthy may (or may not) have achieved victory by riding an anti incumbent wave but one thing is for sure; Smith and Maxwell got their own butts kicked out for good solid reasons.

ilockemup's picture

Sorry mbest-- from the looks of this piece of garbage he filed, Maxwell IS a dummy. What are you his partner ?

My guess is that he was also pretty diligent about paying the ad valorem taxes on the vehicle.

My guess is that he was also pretty diligent about paying the ad valorem taxes on the vehicle.

Maxwell needs to grow up and get over his loss in the election.

Sounds to me like the "Sore Loser Syndrome" has struck again!

but not OK to have a doobie in your truck. I get it now.

PTC Observer's picture

It seems there are no gentlemen left in public service.

If Mr. Maxwell attempts to evade the will of the people, he may lose not only his lawsuit but he could lose much of his law practice through loss of local popular respect.

What is so important about this office that he risks this?

It can't be merely ego.....can it?

Only Mr. Maxwell knows.

in office. I will say that. Not that I think Maxwell should be there either...

Maybe there is more to the story.

PTC Observer's picture

Tax cheating is in the eye of the beholder.

I am certain that if a good IRS agent had the opportunity to pour over your returns, he would find that you "cheated" somewhere down the line.

None of us are immune to the tax collector.

Withholdings from salaried people. The State/Feds don't take kindly at all to not getting their money.

Frankly, if he does owe the money, I think it should be cleared up before he votes on a single thing on the Counties behalf..

This is different than deciding if something is "deductible" or not. I'm no defender of the IRS at all. I don't see this as an IRS issue.

IF he's being falsely accused by Maxwell, I would expect to hear it from the horses mouth.

PTC Observer's picture

Totally agree with you.

Good for him.

PTC Observer's picture

Sounds like it, now back to Maxwell. Kind of like watching a ping pong match.

Mike King's picture

Does this crap ever end?

Surely, a fine draw for potential new business to our county.

We dont care. Get that through your head. A typical lawyer wasting time and money.

So....perhaps Eric had the forethought to have friends neighbors and cronies WRITE HIM IN on the ballot for the Commission Post in the general election. Why would he do that? Did he have a VISION that something was wrong, terribly terribly wrong in Fayette County?
I am sure he didnt have this information before the election, no way! It is so fortunate that he had his VISION! Kinda funny how he will end up being the winner as a non-publicized write in candidate when this scandal broke just days AFTER the election.
Ah.....but, jeez....what will happen to Eric when this is all exposed and the information he filed his suit on proved to be, er, untrue.....

Whaaaaa I don't have a job now because I was disrespectful to the people I worked for ( the taxpayers).

maxwell we voted you out get over it. You signed your own walking papers when you laughed at the family that is losing their farm to the by- pass to nowhere . Your snide nasty remark of "be careful crossing the road to get to your well" did it. You are a typical low life scum sucking pig, in other words a perfect liar/politician. Go crawl back under whatever sewer you crawled out of. It shouldn't be to hard for you since you are so low to the ground.

I don't know where you two think you can speak for all of Fayette County!

Eric simply speaks in plain English to someone who wants special considerations, rather than say what he doesn't really mean just to console someone. Sometimes there no longer is time for such acts.

Not many of you "do nothings" out there would even consider working as hard as does Eric.

We need more plain-talkers to counter-act a few BSers, and butter-uppers around.

Many of us despise Hypocrisy!

So you despise hypocrisy--how about civility? No time for that either huh? Maxwell apparently ran out of time for that too and it cost him but he apparently can't handle it. If all the accusations are true, pray tell me why, as a lawyer, he couldn't ferret that out PRIOR to the Primary & General Election?

A fair is a place you go to eat cotton candy and get sick on the rides.

The taxpayers and the citizens who took the time to vote are plain spoken also, and we have spoken. We don't need sorry politicians who forget whom they work for.

Eric, you have been a disappointment. You slid in at the end of the Randall Johnson era by pretending to be someone you've proven you're not. You and Jack Smith have been given your walking papers for your horrible treatment toward Fayette County citizens who had the gall to question the by-pass. Your practice would have been far healthier had you not decided to run for office and show your true self. Now, you and your buddy Jack are besmirching what little reputation you've managed to acrue. Never, in the history of Fayette County, have the citizens had such a rapid confirmation that they voted the right person into office, and the right person out. Well, not since Greg Dunn, who you have actually come close to making look a lot better. I can't understand why you would want to occupy an office when the majority of the citizens have said that they don't want you. Just go away, we know what you are, now.

Don't forget, Eric, you still need to make a living in the same community that you've insulted. People around here don't admire someone who is only kind and respectful to those that can do something for them.

Robert W. Morgan's picture

If you accept my premise above that Eric is only doing this to take away what could possibly be the deciding vote to make Brown county commission chair during the first meeting in January, it will make him a local hero and his legal business will prosper. Get that "I Sue" license plate polished. You da man!

Live free or die!

suggarfoot's picture

It is very sad when some do not want to accept the election. We had one Mr Maxwell, you lost. Please be a good looser and stop.

Let me state up front, I don't know either of these gentlemen and don't have a dog in this fight. As for the timing of Maxwell's filing, who knows when he really found out but it doesn't matter in the grand scheme of things. And if in fact the allegations against McCarty are true and he is not legally entitled to hold the office then so be it. Let the court do it's job and sort this all out.

Georgia law prohibits anyone from running as a write-in candidate unless they have filed an affidavit with the county's election board by the first Tuesday in September. Additionally, it prohibits anyone from running as a write-in candidate that ran for the same office in the primary. Mr. Maxwell, by Georgia law, can not be the winner of the election even if he received the most write-in votes because he was not qualified to do so. Georgia has the most strict laws in the country on write-in candidates.

Mr. Maxwell needs to go back to law school and learn GA Code.

NUK_1's picture

Really glad I wrote in cyclist for this post and neither of these two chumps. Maxwell had ethical issues, a pretty sorry voting record, big buddies with Susan Brown, and is an all-around jerk. Unknown McCarty hitched his wagon to Steve Brown of all people and seems to have allowed a less than 4K tax bill to accumulate enough interest and fines over time to make it 9K and gets a lien slapped against him by the state....just the kind of person FC needs in office! Sheesh.

At the time, there was no even remotely decent choice with these two clowns running and now it looks even worse than before. Same goes for the Smith-Brown race, but even that one wasn't as pitiful as Maxwell v. McCarty

Cowetaman is right. But Nuk is wrong.

Sure McCarty hitched his wagon to Brown. But the two of them were actually listening to the people of Fayette County. Maxwell was just being a jerk. Don't blame anyone for Maxwell's loss but Eric Maxwell.

If McCarty paid the tax bill what is the problem??? This is just typical low down dirty Eric Maxwell politics. He'll do anything to get that road to nowhere bypass built.

NUK_1's picture

I'm not blaming anyone or anything for Maxwell losing besides his own flaws and voting record. My point is that his replacement is a complete one-issue unknown who already has a cloud hanging over his head, which is how long do you let a simple tax bill accumulate so much interest and penalties that it ends up being close to 3x what the bill originally was for and he says it was paid "months ago" yet the lien was placed on him in Feb of 2009, meaning he waited for "many months" to get around to paying it. Maybe.

I wouldn't mind seeing neither Maxwell or McCarty in office, believe me. BALD CYCLIST!

ginga1414's picture

I do believe that Maxwell, Smith and Steele would sell their dear old grandmothers if it would get that road built.

Robert W. Morgan's picture

Grandma and the road are both safe.
The Maxwell suit has no chance of keeping McCarty out of office, but it could delay his swearing in. So, why do that? Well, for one thing it pretty much guarantees that Frady will be elected County Commission Chairman at their first meeting in January. With only 4 commissioners seated, he's the only one with 3 votes. If McCarty were seated at that first meeting, Brown could actually get elected chairman (by flipping Horgan) - and with that comes a seat on RTR at DOT. Not that RTR controls the WFB, but Maxwell (who is certainly not stupid) knows the damage Brown could do in his endless manhunt for developers. So he (and others) have concluded this is a good way to limit Brown's power.

Make sense? Got a better explanation for the lawsuit?

Live free or die!

PTC Observer's picture

What does Maxwell get out of it?

What does "his endless manhunt for developers." mean exactly?

Busy Bee's picture

Well, I think the dead guy was saying that Steve Brown is on an endless manhunt for developers because he sees them as the ultimate evil beings that are responsible for all that ails us (WFB, TDK extension, AIDS, MRSA, etc. Just kidding on the last two...I think) And battling developers is his excuse for all of his political mischief. Anyone who disagrees with Stevo is called a developer, in the pocket of developers, friend of developers, etc. What does Maxwell get out of slowing down McCarty from taking office? According to RWM, it will prevent him from being seated at the time the commissioners elect their chair, and reduce the likelyhood of Steve Brown being elected to that seat. And I gather that is an outcome that Maxwell must want. I don't know him, but I'm guessing that he has no love for Mr. Brown. Lots of people don't, thanks to Steve's inablility to work well with others and build any kind of consensus.

Robert W. Morgan's picture

Meaning a better idea why Maxwell filed this lawsuit? As we know, Eric knows what brown is and despises him. The best thing about Eric losing is that he won't have to sit next to Brown. The new guy McCarty attached himself to Brown from the get go and this was very smart because you got 2 anti-incumbent votes bundled together in a clearly anti-incumbent year and that pairing took the spotlight off of Brown's extreme failure as mayor/bounty hunter for developers.

Nevertheless, I see no logical reason for this lawsuit - I mean it is desined for failure and Eric knows that. Therefore the reason must be something else and the something else that I picked is to delay a Brown ally from being seated at the first meeting which will keep Brown away from the chairman's seat. What else makes more sense than that?

Live free or die!

PTC Observer's picture

I guess this could be depending on what the court does, but just the court calendar would work against this notion. This case could take a year depending on delays by both sides, etc. This doesn't count the appeals that would likely occur if McCarty was convicted. If Mr. Maxwell attempted to stop Mr. McCarty from being sworn and he was later found innocent, Mr. Maxwell would look pretty...well you could think of a multitude of adjectives.

A simple threat of a lawsuit shouldn't delay either McCarty being sworn or voted on as chair.

It has to do with something else, like ego, spite, or simply not thinking. We have all seen letters from Mr. Maxwell in this very paper early in the campaign that were not very well thought out and small minded.

I believe it won't help him with locals and his law practice. So, I am as perplexed as you are.

ginga1414's picture

The man is as transparent as glass. He doesn't know how to operate from a level playing field. The term "typical jive turkey politician" comes to mind.

So let's just hope that it works.

First they get Steele to knock off Haddix then they're after McCarty.

The scum is trying to rise to the top again!!! AND WE WONDER WHY WE NEED A TEA PARTY MOVEMENT!!!

I don't understand what John Munford is saying. He says "Maxwell contends that since courthouse documents show McCarty failed to remit the sales tax he collected on behalf of the state, he is considered an illegal holder of public funds payable to the State of Georgia".

It almost seems as though McCarty was in the RV business and sold one for which he collected sales tax, but did not pay it to the state. Is Maxwell misquoted, is the article poorly written, or is paying one's sales tax late the same thing as collecting money?

I think most folks would be much clearer on the issue if some of you fine readers or Mr. Munford could enlighten us on what constitutes receiving sales taxes when you're the buyer of an RV.

Hey, maybe Mr. Maxwell has set a precedent that anyone paying their taxes late is automatically a felon, and should be sent to prison. Maybe all this could be cleared up if it could be shown where Mr. McCarty got his hands on public funds. It looks to me that all he did was pay back more than three times what he initially owed.

Another wrinkle is what it was in the affidavit that he allegedly violated. Is there a statement somewhere in there that you can't run for commissioner if you've ever been late on your taxes?

Maxwell has aspired to become a judge. How will this action affect public opinion about his qualifications? If the case goes to court, I'd demand a change of venue.

Any private individual who sells a lawnmower, a jack knife, or anything else to another private citizen is not set up to either collect or rescind
a sales tax on the trade!

What may have happened was: A price was agreed to for the unit, then the seller asked for Georgia sales taxes also.

If you know anyone who hasn't sold something to another, a neighbor,etc., and collected sales tax---be quiet!

Now being late on your personal taxes gets you a small penalty, but not forwarding or paying withholding taxes of any sort gets a lock on your business if you have one.

That is theft from the individual and the government.

Now, you tell me what really happened!

grassroots's picture

You serve me And I'll serve you Swing your partners, all get screwed Bring your lawyer And I'll bring mine Get together, and we could have a bad time -
George Harrison

---Certainly tells us more about the (im-)maturity and (missed) demeanor of Eric Maxwell...

Than anyone or anything "alleged" in this (FAIL!)lawsuit.

END = of political career.

Who could possibly support him running for landfill supervisor or dog catcher after this stunt???
(--with apologies to our fine staff at the county animal control shelter)

A review of Fayette courthouse records (available on the internet) shows the following:

(1) A tax lien dated 2/27/09 was filed on 4/15/09 and recorded at Lien Book 97, Page 92, showing a tax execution by the Georgia Revenue Commissioner for $8,950.13 against Jesse A. McCarty, of 163 Lees Mill Rd, Fayetteville, for state sales tax (including local option) due in April 2003. The original tax is shown as $3398.75, with interest of $2939.17, a penalty of $1099.69, collection fee of $1487.52, and court costs of $25. As of Nov. 11, 2010 the courthouse records do not show this as canceled.

(2) A similar tax lien was filed on 7/11/07 at Book 80 Page 338 and canceled at Book 83 Page 271 on 11/18/07 for 2002 income tax of $39, escalated to $107.36 (with $19.89 interest, $9.75 penalty, $13.72 collection fee, and $25 costs).

(3) A similar tax lien was filed on 7/11/07 at Book 80 Page 337 and canceled at Book 85 Page 587 on 3/5/08 for 2001 income tax (joint) of $527, escalated to $1213.91 (with $332.01 interest, $131.75 penalty, $198.15 collection fee, and $25 costs).

A canceled lien is a sign it has been paid.

A non-canceled lien may or may not have been paid, but a lawyer looking for a clear title for a client (buyer or lender) when real property is being sold or borrowed against would see that as a red flag and insist steps be taken to have the lien canceled in the court clerk's records.

NUK_1's picture

"tax lien dated 2/27/09 was filed on 4/15/09 and recorded at Lien Book 97, Page 92, showing a tax execution by the Georgia Revenue Commissioner for $8,950.13 against Jesse A. McCarty, of 163 Lees Mill Rd, Fayetteville, for state sales tax (including local option) due in April 2003. The original tax is shown as $3398.75, with interest of $2939.17, a penalty of $1099.69, collection fee of $1487.52, and court costs of $25. As of Nov. 11, 2010 the courthouse records do not show this as canceled."

Well, that explains how the interest and penalties could accrue so much since the bill goes back to 2003. Since it was shown as not being canceled, I guess desperate Maxwell saw an opportunity to at least publically embarrass McCarty or worse. Both are clowns.

Please inform us as to the consequences of someone buying a trailer as a private citizen and charging the buyer government sales tax, but not turning the tax in to the state.

Is that illegal,
#1 to even collect it and,
#2 if collected, not forward it on the proper monthly tax form?

Is this sort of tax treated differently than private income tax lateness?

Guess that explains why he has not produced a receipt for the Citizen to publish. I wonder if he paid the ad valorem taxes on his RV or registered it in Florida to avoid the taxes.


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