Boise, ID
High 53 | Low 33
Currently: 44°
Sun
50|33
Mon
54|37
Tue
56|36

Idaho Tax auditor: a patriot or a pain?

Stan Howland blew the whistle on corporate tax deals. Now he's knocking the proposed reform.

BY DAN POPKEY - dpopkey@idahostatesman.com

Published: 03/01/09


Bookmark and Share
Share on Twitter Share on Facebook
print story email story to a friend
Comments (0) |
 
Joe Jaszewski / Idaho Statesman
State tax auditor Stan Howland spent decades quietly auditing large corporate taxpayers. In the final months of a 29-year-career, Howland's unyielding critiques of the Idaho State Tax Commission's compromise deals have brought both resistance and the prospect of reform.

ADDITIONAL INFORMATION

DETAILS OF THE CORPORATE SETTLEMENTS

In May, Idaho State Tax Commission auditor Stan Howland outlined six settlements with large corporate taxpayers he said cost the state $871,000. In December, Howland added another example: A deal dropping all but $200,000 of a $1.4 million tax bill.

The Tax Commission says settlements are in the state's interest because of gray areas subject to court review. "Tax law, particularly multistate tax law, is actually quite complex," wrote a unanimous commission in response to Howland's report. "If it was not, there would not be so many CPAs and tax attorneys making good livings dealing with it."

Rick Smith, a Boise certified public accountant and lawyer, is a prominent advocate for large taxpayers. He won a 2006 Idaho Supreme Court case on behalf of Lockheed Martin, which was cited in a July attorney general's opinion that said Tax Commission practices criticized by Howland are legal.

Howland was the auditor in the Lockheed case. He says he advised superiors that the case was one that should have been compromised.

"We're dealing with very complicated issues in which there is uncertainty and litigation risk for both sides," Smith said. "That's why we settle cases."

A total of $8.5 million in revenue was surrendered by the state in the last three years under the "compromise and close" agreements criticized by Howland. The state collected $24.7 million in those compromises, or 74 percent of what auditors believed due, according to the commission.

Total collections from sales and income tax audits amounted to $144.6 million from 2006 to 2008. Total revenue during that period was $9.1 billion. The Tax Commission notes that taxes foregone by settlements amount to about 1/10 of 1 percent of total revenue.

SENATE COMMITTEE HEARS TESTIMONY THIS WEEK

Stan Howland's complaints will be front and center this week in the Senate Local Government and Taxation Committee, as two state tax commissioners appear to defend the practice of making compromises to reduce tax liability.

Outgoing Commissioner Coleen Grant, a Democrat retiring after 18 years, will testify at 3 p.m. Tuesday. On Wednesday at 3 p.m., the commission's chairman and newest member, Republican Royce Chigbrow, will testify. The commissioners are expected to finally deliver a late report that Gov. Butch Otter asked for by Jan. 31.

After Chigbrow's testimony, Chairman Brent Hill, R-Rexburg, plans a hearing on Senate Bill 1128, a Tax Commission reform plan he wrote with Sen. Kate Kelly, D-Boise, in response to Howland's critique.

The committee meets in Room 211 of the Capitol Annex, 514 W. Jefferson St. in Boise.

Stan Howland's charges that his employer of 29 years routinely cut sweetheart deals with big corporations at the expense of ordinary taxpayers put an unwelcome spotlight on the Idaho State Tax Commission.

"We've got a used car lot up here," the auditor said last May after hand-delivering his first 17-page whistleblower report to Gov. Butch Otter and e-mailing it to every lawmaker.

The Legislature takes up the issue this week, as two tax commissioners testify about their tax-cutting deals and a Senate committee holds a hearing on Senate Bill 1128, a bipartisan reform measure. Howland, however, refused an invitation to testify because he says the bill falls far short of what's needed.

"I will do absolutely nothing to help pass a bill that I so strongly oppose," Howland said.

Facing his March 27 retirement date, Howland, 61, says, "It bothers me that I didn't get anything accomplished - or got very little accomplished. But if I didn't take every step possible, I would regret it for the rest of my life. Now, I won't."

Howland is a "take-no-prisoners type of fella," said his only sibling, Steve, who flies firefighting DC-7 tankers. "I've always considered myself pretty fearless, but I can't hold a candle to Stan," said Steve Howland, who lives in Cove, Ore. "I'm so stinking proud of him."

The Howland boys grew up in Cambridge, where their father, Lawson, was a county commissioner and school board chairman. The family raised Suffolk sheep for breed stock.

"Rams are pretty bullheaded," Steve Howland said. "I used to call Stan a head-butter. If he thinks he's right, he will not back off."

Stan Howland spent 10 years as an air traffic controller, the job his father held in the Pacific for the Army Air Corps during World War II. But an eye problem diverted him to Boise State University and an accounting degree. He joined the Tax Commission in 1980. He audits income taxes paid by multistate corporations.

This is Howland's second blow on the whistle. In 1996, he was the insider who helped the legislative auditor's office write a report blasting the practice of allowing any one of four tax commissioners to approve confidential tax-cutting deals.

Fearing for his job, Howland met secretly at auditor Tom Haddock's home. Now controller of the State Insurance Fund, Haddock is wary of discussing Howland in light of the new controversy but said, "Stan has high principles and is a good man. He's strong mentally and emotionally, and he's doing what he thinks is right. I admire him."

Another auditor on the 1996 case, Anne Chmieloweic, now works in the private sector and is less guarded. "Here's what Stan Howland is all about: He doesn't want all taxpayers to pay more when he can see that some - over and over again - aren't paying their share."

Chmieloweic said pressure from the Tax Commission and then-Attorney General Al Lance watered down the report, removing important details. The supervisor of the 1996 audit, now-retired Larry Kirk, agreed the report was weakened. Still, Kirk said, the audit forced the commission to adopt a policy that two commissioners approve tax deals. "The internal control was horrible," Kirk said.

Kirk said taxpayers with deep pockets benefitted. "The little guy kind of got screwed," Kirk said. "He could have the same issue, but he didn't have the money to hire attorneys or the time to argue the case himself. So, he probably would pay, where the big guys could fight and compromise."

Now, Kirk says, "I was glad to see Stan come forward again." During 32 years working for the Legislature, Kirk encountered two types of whistleblowers: Those who "just had a beef," often petty and motivated by personal animosity; and those who believed the state was wasting or losing money and "the system could be fixed in a positive way. Stan was the latter."

Howland, a father of three and grandfather of five who never misses a grandkid's game, is more complex than his crusader image. He speaks softly, even if his words are sharp, and looks like a bean counter: ice-blue eyes, gray hair, rumpled shirts.

His supervisor at the Tax Commission, Reva Tisdale, said Howland is a talented auditor, trainer of junior employees and "extremely well-liked throughout this agency."

In 1984, Howland founded a campaign to raise Christmas money for families chosen by the Salvation Army, soliciting employees with a sandwich board sign and Santa hat. In the 1990s, a commission employee in his 30s was diagnosed with cancer. Howland was bedside when the man died and helped raise $10,000 for his widow.

For all the respect shown by fellow auditors, Howland's tenacity rankles tax commissioners past and present. The current commissioners dismissed his critique as naive. All four declined comment for this story, as did former Commissioner DuWayne Hammond, whom Howland blames for initiating the practice of unjustified deals in the 1990s.

Howland knocks the new reform bill authored by Sens. Brent Hill, R-Rexburg, and Kate Kelly, D-Boise, because it would continue to allow confidential deals. Idaho law keeps secret the identity of taxpayers who get breaks. Some other states disclose settlements. California, for example, makes public any reduction in tax liability over $500.

Howland also faults Gov. Butch Otter for appointing a single fact-finder in response to Howland's complaints - certified public accountant LaVern Gentry - instead of naming a five-member independent panel. And he knocks minority Democrats for lacking courage to hold hearings on their own.

Hill chairs the Senate tax committee and met with Howland as part of his own inquiry. Howland characterizes reports by Hill, the Tax Commission, Gentry and a legal opinion from Attorney General Lawrence Wasden as a cover-up.

Howland stepped up his criticism in a Dec. 11 letter to Sen. Kelly, alleging a "corruption scandal" and a commission acting in "an illegal manner detrimental to all but a handful of citizens of this state."

Hill replied with a letter calling Howland a "disgruntled auditor" and scolding him for over-the-top rhetoric. "Every review of your evidence has not revealed any illegalities," Hill wrote. "I have no tolerance for your defamation of everyone who disagrees with you."

Howland says Hill, a CPA whose firm represents taxpayers before the commission, is conflicted. "I have zero respect for Senator Hill," he says.

Hill, widely respected by colleagues for ethical rectitude, replied mildly: "As long as I agreed, as I do in many ways, I was wonderful. And if I don't agree, I have a conflict of interest. And I probably do. But I felt it was my duty to my colleagues, because of my background and as chair of the tax committee, to investigate the issue."

Hill said he respects Howland's sincerity and passion but is troubled by his rhetoric. Absent Howland's whistleblowing, Hill said, SB 1128 would never have been drafted.

"I think the commissioners are going to be more accountable knowing they're under closer scrutiny," Hill said. "We'll have a better Tax Commission because of what he did."

The Hill-Kelly bill requires the presence of two tax commissioners, a deputy attorney general, a tax policy specialist and an auditor for final review of any tax-cutting deal over $50,000. It mandates a summary to the full commission, including recommendations from staff. And the bill requires annual reports to the governor and Legislature on settlements over $50,000.

Howland said he's ready to quietly retire to a life of watching grandkids grow, hiking and hoping to regain his 15-handicap in golf. He looks forward to traveling with wife, Linda, recently retired after 30 years with Hewlett-Packard.

Recently, Howland told his lawyer, "I've had a bellyful of your Democrats, a bellyful of the Republicans, a bellyful of the press. I'm done."

Howland's lawyer is Bob Huntley, a former Idaho Supreme Court Justice and 1998 Democratic candidate for governor. Huntley, working for free, said he had to urge Howland to carry on several times. Huntley contends the tax deals revealed by Howland violate a constitutional requirement for "equal application" of tax law.

Frank Edmunds, a retired colleague from the Boise air traffic control tower, said he's glad Howland is ready to let go so he can focus on golf and hiking with his friend.

Edmunds said Howland's character is "impeccable" and salutes him for standing up for ordinary taxpayers.

Still, Edmunds doesn't have much use for Howland's moniker. "I told Stan I don't care for the word 'whistleblower.' I think 'patriot' is a better word."

Dan Popkey: 377-6438

OPTIONS: Most Read Stories  |  Story Comments  |  Email story  |  Print story
hide comments

Story Comments
We welcome comments but ask that you remain on topic. Some comments may be reprinted elsewhere in the site or in the newspaper. Comments that are profane, personal attacks or otherwise inappropriate or are off topic are subject to removal. Repeat offenders will be blocked. Do not flag comments merely because you disagree with the comment.

more about comments here.
Local Deals
Find a Job
Keywords:
Location: