CADF sends cease and desist letter to Department of Revenue regarding unconstitutional tax
Today the Citizen Action Defense Fund (CADF) sent a letter demanding that the Department of Revenue stop rulemaking to implement the capital gains income tax that was recently struck down as “unconstitutional and void” by a state court in the Quinn v. State of Washington case. In the letter, CADF Executive Director Jackson Maynard challenged the constitutionality of the agency’s rulemaking process to implement the tax that directly conflicts with the court’s ruling. Because the statute is legally void, the Department also lacks legal authority to adopt rules implementing it which violates the Administrative Procedures Act.