THE VIRGINIAN-PILOT

                         THE VIRGINIAN-PILOT
                 Copyright (c) 1994, Landmark Communications, Inc.

DATE: THURSDAY, June 9, 1994                    TAG: 9406090008 
SECTION: FRONT                     PAGE: A14    EDITION: FINAL  
SOURCE: Medium 
DATELINE: 940609                                 LENGTH: 

STATE SHOULD REFUND WRONGLY COLLECTED TAXES

{LEAD} I believe that if Herbert Hempel (letter, May 21) knew the facts about Virginia's illegal taxation of federal pensions, he would not take the position he has.

I was among a score of people who went to Richmond during the General Assembly for 11 straight years to complain about the unfair and illegal way in which federal retirees were taxed by Virginia. We were the only retirees who were required to pay income taxes on our entire annuity. State, city, county and even public-enterprise retirees were exempt from income taxes on their annuities.

{REST} If you think this matter was unchallenged, think again. We can cite case after case where someone (not a retiree, especially) challenged the commonwealth about the collection of taxes. What happened? Their property was seized, their bank accounts were taken over by the state and they were left destitute. We could not afford to live under these conditions.

Many times we tried to talk to the chairman of the Senate Finance Committee. He could not be moved. It was not until someone challenged state Sen. Hunter Andrews that we received any consideration.

Shortly after that, the U.S. Supreme Court handed down the Davis vs. Michigan decision. There were 23 states caught by this decision. Eighteen have settled with their retirees at 100 percent, with interest.

The U.S. Supreme Court has told Virginia twice that it should pay up. Each time the state has come up with another excuse. The state wants to settle now because the next decision by the Supreme Court could really burden Virginia heavily it ordered a refund of all taxes wrongly paid, plus interest.

HAROLD L. DURHAM, past president

Virginia Federation of Chapters

National Association of

Retired Federal Employees

Virginia Beach, May 21, 1994

by CNB