October 14, 2009
Audit finds tax-free vehicles among W.Va. officials
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CHARLESTON, W.Va -- Nearly 500 state employees used state vehicles to commute to and from work in 2008, but 90 of them failed to report the vehicle as a taxable benefit, a legislative audit released Wednesday shows.

Those who didn't report their use of state vehicles as income include three agency heads -- state Agriculture Commissioner Gus Douglas, state Treasurer John Perdue and Bluefield State College President Albert Walker, auditors found.

West Virginia spends $60 million to $70 million a year to operate its fleet of nearly 7,000 vehicles -- including $24 million for gasoline alone in 2008 -- but has no effective means to monitor employees' use of the vehicles, according to the audit.

Numerous other state employees significantly under-reported the value of their use of state vehicles.

Internal Revenue Service rules allow employees to calculate a commuting value of $3 per workday -- if the vehicle is used at least 50 percent of the time for business purposes. However, if business use is less than 50 percent, the IRS requires that the reportable income be increased to the lease value of the vehicle.

The audit found many instances of state vehicles used primarily for non-business mileage -- including two Miners' Health, Safety and Training staffers with 22,536 and 27,936 miles of personal usage -- reported at only the $3 a day commuting value.

That meant they were reporting taxable income of several hundred dollars for the year - not the several thousand dollars of lease value they should have reported, as required by the IRS.

"This raises a policy question: Why are we providing cars to individuals basically to do nothing but commute?" legislative manager Aaron Allred told the legislative Post-Audits Committee.

"There's nothing in state law or rules that we could find that would prevent a state agency from giving an employee a car to commute," he said.

The Fleet Management Division of the Department of Administration has stricter rules for employees' use of state vehicles -- but accounts for only 1,700 of the 6,838 vehicles licensed to 88 different state agencies.

Administration Secretary Robert Ferguson told legislators that, over the years, a variety of state agencies have been authorized to operate their own vehicle fleets, including Highways, Natural Resources, Forestry, the attorney general's office, the State Police, and most higher education institutions.

"There has been an inordinate amount of paper generated since the governor took office on the pros and cons of consolidating the fleet," he said.

"I think what we're talking about here is not who's got the vehicle, but the proper reporting of personal use of the vehicle," Senate President Earl Ray Tomblin, D-Logan, said of the audit.

"I would think the governor's office would have the ability to tell department heads, "Here's the federal law -- I want you to follow it," Tomblin said.

Reach Phil Kabler at ph...@wvgazette.com or 304-348-1220.

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Posted By: Earned_My_Degree (7:29pm 10-17-2009)
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The legislative audit has really hit on something here. So, when is the Gazette going to fulfill its role and get to the bottom of all this. Do we have income tax evasion going on here? If we do, how can the State Tax Department be asked to look into other State employees, the IRS must be asked to step up and take the lead.

Posted By: simple person (1:47pm 10-17-2009)
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At most companies today, vehicles are to be parked at the employee's reporting location. The employee commutes to their reporting location and then takes the company vehicle to the work locations. No one drives a company vehicle home. This was implemented for cost savings and it has saved tens of thousands of dollars at the company I work for.

Posted By: RealistHillbilly (10:04am 10-17-2009)
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Bornfree hit the nail squarely on the head when he said “If someone needs a vehicle for their job, go to the motor pool and sign one out. No personal use at all.”

The Federal Gov does exactly that. You do not take your assigned car home unless you were leaving for treavel the next morning. Even senior executives did this. the only exception was for emergency personnel that were on 24 hr call.

Posted By: Earned_My_Degree (10:56pm 10-16-2009)
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The AvidReader is confusing a recommendation to change a system in West Virginia that has produced last place finishes and economic depravity for the last 77 years with a dog and pony show in Washington, DC that means little to West Virginia. Her comments have not a thing to do with the issue of a pile of Democrat hacks riding to work on the public's dollar. I do agree with some of the comments here that we ought to see all of the names and the whole list of who had these cars and where driving to work in them. There is no need to single out the State Treasurer, Agriculture Commissioner and the President of Bluefield State College. Did any legislators have a car? Matter of fact, Mr. Kabler should demand that list and if there are in fact serious violations of state and federal law, not supplying the list amounts to a coverup by somebody, somewhere.

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