The Marbleton Town

Council heard the news that the town has to

return tax money distributed last year and

recalled after a company wrongly paid states

sales taxes in Sublette County.

Town Clerk Shannon McCormick explained

to Mayor Jim Robinson and councilmembers

Jeff McCormick, Roger McMannis,

BJ Meador and Mack Bradley that Badger

Daylighting had wrongly paid taxes to the

state and county for equipment that was never

in Wyoming.

After Sublette County was told by the Department

of Revenue it needed to return more

than $1.6 million in tax revenues, commissioners

agreed that each municipality would

be on the hook for its share.

Marbleton’s share is $168,381.06, about

twice as much as Big Piney at $85,478.78.

Mayor Robinson said, “Badger Daylighting

was tagging all of its trucks in Wyoming

and therefore paid taxes in the county. Our

share is $168,381 and change.”

McCormick said Sublette County Treasurer

Emily Paravicini advised her that the town

could undertake a five-year payment plan to

the Department of Revenue.

“How does all this work?” Robinson asked.

“I’m not sure,” McCormick said. “Big Piney’s

not sure. We owe the state and the county

owes the state.”

Questions

Bradley asked if Badger had a tax

evasion scheme.

Town Attorney Thayne Peterson said the

whole situation “throws me.”

“This was Badger’s manipulation,” he

said. “I would recommend at this point in time

setting up a payment schedule and contact the

Attorney General’s Office and see if this is in

the works or if they are giving up.”

Robinson asked why the town or county

funds should be returned to the state. “My

wish at this time is to table this and do our

due diligence.”

McMannis said he felt the same way. “It’s

a manipulation by Badger – I think Badger

should be liable for it.”

Meador said he understood Badger paid

the county’s lower 4-percent sales tax and did

not get license plate tags here, with the vehicles

not being in Sublette County.

“And we got caught in it,” Meador said.

Bradley suggested, “Let’s talk to the county

and see where they’re at and let’s table this.”

The motion to table was made, seconded

and approved by all five.

Background

Paravicini explained that for several years,

Badger Daylighting wrongly paid sales taxes

on trucks to Sublette County, which forwards

the revenues to the Wyoming Department of

Revenue, which then returns portions to the

county and towns. The trucks carried Department

of Transportation apportioned plates

“There never was a taxable event in Sublette

County, no registrations in Sublette

County,” she said.

Because Badger Daylighting asked for a

refund to pay the taxes in appropriate states,

the Department of Revenue repaid the company

and the county and towns will repay the

Department of Revenue.

Paravicini said she understood repaying

that revenue could be difficult and that she

wants to make sure it never happens again –

“I want verifications those trucks are in Sublette

County and request vehicle identification

number inspections by the county to be sure

they are actually here.”

In other news

• Marbleton Town Council changed its

next meeting date to Monday, Dec. 16.

• Marbleton Town Council approved its

$10 per year contract with the Sublette County

Sheriff’s Department and signed it for Sheriff

K.C. Lehr, who was present.

• The council will put off talking about

what to do with its Main Street, which runs

parallel to U.S. Highway 191, until next year.

• The council approved the first reading of

Ordinance 2019-04, a clarification of its Clean

and Orderly ordinance.

• Flicks ’N Pins manager Mike Orham

reported that teams are filling up bowling

nights.

• The council adjourned into executive session

to discuss litigation and personnel and

took no actions.