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Women accused of operating 'puppy mill' file lawsuit

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The mother and daughter who were accused of running a “puppy mill” and had animals removed from their homes as a result of tax law violations are now suing the Indiana attorney general and others involved in the removal of the dogs.

Virginia and Kristen Garwood filed a lawsuit in May in Harrison Circuit Court against the Indiana Department of State Revenue, Attorney General Greg Zoeller, and dozens of other defendants; the suit was moved to federal court last week at the request of the defendants.

The AG’s office and the state revenue department investigated the mother and daughter’s business activities involving the sale of puppies and found they weren’t remitting sales and income tax due on the sales. The dogs were seized and sold. The AG’s office said the animals were confined in squalid cages and enclosures and tested positive for disease.

The women pleaded guilty to Class D felony failure to remit or collect sales tax in connection with their dog-breeding operation; that charge was recently reduced to a misdemeanor.  Virginia also pleaded guilty to a separate felony count of income tax evasion. Daughter Kristen’s felony was later reduced to a misdemeanor. There is also a civil case seeking more than $140,000 from the women.

In their lawsuit, the women claim to never have received a hearing addressing taxes due or the value of the property seized in June 2009. Virginia says that she reported the profits of the puppy sales on her taxes and that her income tax advisor didn’t advise her that she should be paying sales tax. They say they have been subjected to public ridicule and harassment because several of the defendants – including the AG – described their operation as a “puppy mill.” The women claim several of their constitutional rights were deprived by the raid on the business and lawsuit for taxes.

The mother and daughter also are in the midst of challenging the jeopardy tax assessments made against them. This issue made it to the Indiana Tax Court in December 2010, and Judge Thomas Fisher denied the state’s motion to dismiss their challenge.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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