Page 8A OFF PAGE ONE East Oregonian Wednesday, June 24, 2015 TAX: Energy credits could cost the state $968.1M in revenue XVHWKDWFHUWL¿FDWHXQOHVVLW¶V registered with the Depart- had a chilling effect at the ment of Revenue, and that Department of Revenue. The can only be done through us.” agency never moved ahead The department is with a project focused on working to clean up the mess, energy tax credits, despite with a retroactive rule change ¿QGLQJ SUREOHPV RQ WD[ that would clarify all the returns claiming business private deals since mid-2012 energy tax credits that were were above-board. audited for other reasons Business energy tax since July 2013. credits issued between 2006 and 2014 could cost the Lax oversight state up to $968.1 million Around the same time, in tax revenue, according to the Oregon Department of the Department of Energy. Energy also scaled back its A majority of that cost — oversight of the tax credit $703.6 million — comes sales. The department quietly from tax credits that were stopped enforcing pricing sold to investors. and other rules for the sales The companies and indi- in fall 2011, which allowed viduals who bought those private brokers to strike deals credits could realize a total in which the prices were gain of $209.4 million, which QHYHUYHUL¿HGE\WKHVWDWH is the difference between the The Department of value of the tax credits and Energy has struggled to track the price taxpayers paid to the private deals, including purchase them, according to verifying who was entitled to analysis by the EO Media the tax breaks and how much Group/Pamplin Media Group they paid for them. Capital Bureau. Anthony L. Buckley, FKLHI¿QDQFLDORI¿FHUIRUWKH Audit project nixed energy agency, was reluctant On April 6, 2012, William to say the buyers and sellers Minor, a state tax auditor in of tax credits have reported Medford, suggested a project all those transactions to the WRVSHFL¿FDOO\ORRNDWZKHWKHU Department of Energy. taxpayers who claimed busi- “I can’t say with any real ness energy tax credits had surety that they are,” Buckley failed to pay capital gains said. “I think the transactions WD[HV0LQRUKDGMXVW¿QLVKHG are in jeopardy if they don’t. an audit that netted the state The third-party buyer can’t $57,000 in taxes, including Continued from 1A from previously unpaid capital gains tax on an energy tax credit. Joann Martin, manager of the compliance section at the Department of Revenue, laid out the issues in an April 11, 2012 email to the agency’s director, Bucholz. “The (tax) credits can be large and the gains substan- tial,” Martin wrote, and the ,56 KDG UXOHG WKDW SUR¿WV from sales of the credits were taxable. “The political issue is that the brokers of these sales have sold them as non-taxable transactions — which they aren’t,” Martin wrote. “They feel that we should have told them long ago about the (taxability) issue, and since we didn’t, it’s ‘unfair’ to tax them now. Plus, taxing this process is ‘anti’ business.” Bucholz asked Scott Nelson, who was then-Gov. John Kitzhaber’s business adviser, how to proceed. “We have told our audi- tors that if they come across the issue in the normal course of an audit, they are to make the adjustment but we have told them that we will not ‘run a project’ to identify these taxpayers until we get direction from the Gover- QRU¶VRI¿FH´%XFKRO]ZURWH in an email to Nelson, before an April 11, 2012 meeting on the subject. After Bucholz’ meeting with Nelson, a manager at the Department of Revenue told auditors to ignore any problems they found related to the business energy tax credit. “If you come across a BETC (Business Energy Tax Credit) that was sold by one entity to another and there is a potential capital or ordinary gain issue please do not audit that issue,” manager Keith Shribbs wrote on April 13, 2012. Shribbs explained that a bill planned for the 2013 legislative session would retroactively make any income from the credits non-taxable, “so we don’t want to waste our or the taxpayers time in this case.” When the Legislature adjourned in 2013 without passing the tax credit bill, Bucholz wrote in an email to Martin, “the previous moratorium on running a µSURMHFW¶WR¿QGDQGELOOWKHVH taxpayers is lifted and any auditor that wants to pursue these taxpayers and bill them is free to do so.” However, the Department of Revenue never went ahead ZLWK D VSHFL¿F DXGLW SURMHFW to look at the energy tax credits. Joy Krawczyk, a spokes- woman for the agency, said that auditors still have a large amount of independence to look for known problems. “Without talking to each individual auditor, I wouldn’t be able to get an idea why they didn’t go with it,” Kraw- czyk said of the business energy tax credit project. Auditors have addressed problems with the energy tax credits that came to light while they were looking at other issues. They found problems on tax returns for 21 taxpayers who claimed the renewable energy and HI¿FLHQF\ WD[ EUHDNV RXW RI a total 34 audits of business energy tax returns since July 2013. The department would not say how much tax those investors owed the state, EHFDXVHWKHQXPEHURI¿OHUV audited was small enough the Department of Revenue did not want to risk disclosing their identities. However, the audits resulted in changes for 21 of the taxpayers. “Basically, for all audits when there’s a change made, it means something wasn’t reported properly whether it was intentional or unin- tentional,” Krawczyk said. “And normally the taxpayer will end up paying more taxes.” Auditors are still UHYLHZLQJ ¿OLQJV E\ PRUH than a dozen taxpayers who claimed business energy tax credits. WHEAT: Farmers can only insure up to 85 percent of their crop storage. He predicted yields could be less than 10 bushels $VLWLVKH¿JXUHVWRKDUYHVW per acre on land that typically somewhere in the high-teens grows 35-40 bushels. to mid-30s on bushels per “Even with crop insur- acre, depending on the loca- DQFHLWJHWVGLI¿FXOWWRPDNH WLRQRIWKH¿HOG ends meet,” Lutcher said. “In an agricultural “They’ll get by, but they endeavor, you just have to roll certainly won’t make any with it and stay in business,” money generating yields like he said. this.” This year actually marks Umatilla and Morrow the third straight year of FRXQWLHVUDQN¿UVWDQGVHFRQG below-average precipitation by a wide margin in Oregon for the region’s wheat wheat production. Last year, farmers after a solid season the two counties combined in 2012. That’s compounded to harvest 17.8 million the problem for growers bushels of winter wheat on like Rietmann who manage 357,000 acres, according WKHLU¿HOGVLQDZKHDWIDOORZ to the National Agricultural rotation to build up moisture Statistics Service. deep in the soil. In 2012, the counties Larry Lutcher, soil harvested 21.7 million scientist with Oregon State bushels, thanks in part to University Extension Service higher rainfall. Precipitation in Morrow County, said the in Ione averaged 12.23 cumulation of three dry years inches between the months in a row has left farmers with of September and June from virtually no water left in 2010-2012, but just 7.5 Continued from 1A inches from 2013-2015. The timing of rains is also an important factor, said Jason Middleton, director of grain operations for Pendleton Grain Growers. Dryland farmers always need precipitation in May and June WR¿QLVKDZLQWHUZKHDWFURS and precipitation has essen- tially shut off the past month, he said. “I would expect (yields) to be down across the board this year,” Middleton said. Lower yields means more farmers could fall back on crop insurance to make them whole. Debbie Morrison, an agent with Wheatland Insurance in Pendleton, said she expects a lot of claims in the coming weeks. “I don’t think we’ll have the high yields we were looking for,” Morrison said. “As soon as they start harvesting, they’ll call me and tell me if they’re light.” Crop insurance provides FRYHUDJH EDVHG RQ D ¿HOG¶V production over the past 10 years, marking a guaranteed value that can be set either to yield or revenue. If harvest comes in below the guar- antee, insurance pays the rest. Farmers can only insure up to 85 percent of their crop, and the higher the percentage, the higher the premium, Morrison said. Don Wysocki, soil scien- tist with OSU Extension in Umatilla County, said this is the kind of year crop insur- ance is designed to protect. He said the best farmers can do now is hope for a burst of rain in August or September, which will allow for earlier planting of next year’s crop. “An inch of rain in early September would do a lot of good,” Wysocki said. “Yield expectations would be better if you can plant during the optimal time period.” Early rains also allow farmers to spray for grassy weeds, such as cheatgrass and feral rye, before planting, which saves money on specialized herbicides they would otherwise have to use to kill the weeds while sparing wheat. Growers certainly don’t enjoy the dry years, Riet- mann said, but they always SODQ IRU GLI¿FXOW FRQGLWLRQV and aren’t surprised when they happen. Dry periods are normal for the area, he said, and conditions always turn back around. “There are worse things in life than a dry crop year,” Rietmann said. “This is just part of farming ... I suspect somewhere on the other end of this, it will pick back up again.” ——— Contact George Plaven at gplaven@eastoregonian.com or 541-564-4547. FLAG: Vandals have spray-painted several Confederate monuments in recent days Chris McDaniel, a state centuries, offer “a very narrow senator and tea party hero interpretation of the past.” WHQVLRQVDVWKHEDWWOHÀDJDQG who nearly unseated U.S. There were signs that Confederate heritage groups Sen. Thad Cochran last year, the tension was spilling say the outcry is misplaced, decried Gunn’s call. “A beyond the political realm. despite widely seen images of cultural or historical cleansing Vandals have tagged several the church shooting suspect, of all things potentially monuments in recent days, 21-year-old Dylann Roof, offensive will do nothing to including a Charleston statue KROGLQJWKHUHEHOÀDJ alleviate the problems caused of John C. Calhoun, a strong At the least, however, the by racism,” he said. defender of slavery and ÀDJDQGRWKHUWULEXWHVUHPDLQ Deaton, the Georgia secession before the war. It a constant reminder of the historian, said McDaniel and other targets in Maryland nation’s perpetual struggle misses the point. “Symbols and Texas were spray-painted with race, and of some South- do matter and naming with phrases such as “Black HUQHUV¶GH¿DQFHRIWKHIHGHUDO practices do matter,” he said, Lives Matter,” a slogan rooted government’s efforts on civil arguing that the Confederate in recent police shootings of rights. monuments across the region, black men. “Statues and monuments placed mostly by Confederate The leader of a national aren’t history,” said Stan veterans and women’s groups Confederate heritage orga- Deaton, a historian for the in the late 19th and early 20th nization argues that Roof’s Georgia Historical Society. “They are what we choose to tell future generations about the past. ... It’s a very delicate subject, and let’s not kid ourselves: So much of it has to do with race.” In Kentucky, the Republican candidate for r. ibbert governor, Matt Bevin, and U.S. Sen. Mitch McConnell ental said Tuesday that a statue of Confederate President 1100 Southgate, Suite 3 Pendleton, OR 97801 Jefferson Davis should be www.drhibbertdental.com • 541-612-3707 removed from the Capitol rotunda, where it sits just feet from a statue of Abraham Lincoln, whose election spurred the South’s seces- sion. Both men were born in Kentucky, a border state during the Civil War. is a certified, licensed Audiologist with Top Mississippi Repub- licans appear divided over more than 20 years of experience. WKHVWDWH¶VÀDJWKHODVWRIWKH 50 state banners to include a Visit VSHFL¿F LPDJH RI WKH EDWWOH www.renataanderson.com ÀDJ +RXVH 6SHDNHU 3KLOOLS Gunn said Monday that the and call for an appointment today! image, which appears in the top left corner of the Mississippi ÀDJ LV RIIHQVLYH DQG VKRXOG Certified, be removed. Lt. Gov. Tate Licensed Reeves responded Tuesday that the decision should be up Audiologist to Mississippians, who voted 2-to-1 in 2001 to keep the Still Located at: ÀDJ*RY3KLO%U\DQWDOVRD Republican, said he supports 2237 SW Court, Pendleton that referendum result. 541-276-5053 Continued from 1A “ We wish you a Great Summer! ” D H D Here for you! Renata Anderson, MA DFWLRQV VKRXOG QRW UHÀHFW RQ American citizens who iden- tify with the Confederacy. ³)LUVWLW¶VWKHÀDJVWKHQWKH monuments, then the streets names, then the holidays. I feel like it’s open season on anything Confederate,” said Kelly Barrow, commander in chief of the Sons of Confed- erate Veterans, adding that the vandalism scares him. “Is someone going to be attacked because they have an S.C.V. sticker on their car? :H¶UHRSHQWDUJHWVEDWWOHÀDJ or not,” he said. Barrow, based south of Atlanta, said the discussion over the monuments should at least wait until after the church victims’ funerals. McKay Creek Estates presents: SAFETY Join us as we host a lecture series to increase safety awareness on fall prevention, common home injuries and provide solutions to keep you and your loved one safe! S LANDSCAPE: Tried to leave the ordinance very open-ended Continued from 1A example, pathways longer than 30 feet must have landscaped lighting and rock beds cannot make up more than one third of the landscaping credit. “A lot of people have a lot of gravel and very little planting and are calling it landscaping,” Spencer said. The ordinances was drafted by the Community Enhancement Committee as part of the committee’s efforts to increase Hermis- ton’s curb appeal, but not everyone was happy with the proposed new rules. Kathy Erz, a local business owner, said she spends an extra $40 to $50 a month on her summer water bill to water the landscaping at one of her businesses, plus $100 a month for someone to weed and mow. She said not everyone can afford the upkeep or the original planting and design costs. “This is an unfunded mandate against busi- nesses,” she said. Diana Ables said right now she doesn’t own any commercial property, but would like to, and some of the property she has looked at isn’t landscaped at all, meaning she would probably have to tear up part of the parking lot. “It makes it very cost-prohibitive for us,” she said. Spencer said 3 percent of a property isn’t as much as it sounds — Fiesta Foods has nine percent of its property landscaped and still has plenty of room for parking. And he said city staff have discretion in allowing for alternatives like window planters and decorative lighting when a property’s slope or location isn’t conducive to much green space. Councilwoman Jackie Myers, who sits on the Community Enhancement Committee, said the committee tried to leave the ordinance very open- ended, allowing property owners to do what works best for their situation. “We did try to structure this so it wouldn’t be a burden on people,” she said. In the end Myers, Rod Hardin, John Kirwan, Manuel Gutierrez and Drotzmann voted in favor of moving forward with a public hearing and state review process, while Doug Smith, Lori Davis, Clara Beas-Fitzgerald and Doug Primmer voted no. ——— Contact Jade McDowell at jmcdowell@ eastoregonian.com or 541-564-4536. FIRST SafetyMan says “Always be Safe to Ensure an Active & Independent Lifestyle” Healthy Back Habits for Caregivers - C O N C L U D E D TUESDAY, MAY 26, 3:30PM Many adults spend a considerable portion of their week caring for aging parents, relatives, friends, or other adults. According to the results of a recent study, the stresses and strains of providing care to an ill loved one may take a considerable toll on the mental and physical health of care- givers — including their back and spine health. Learn healthy back habits to keep you safe. Elder-Friendly Living: Modifying Your Home for Safety TUESDAY, JUNE 23, 3:30 PM - C ONCLUDED No matter when the older person’s home was built and regardless of whether it is modern or traditional in style, it likely was designed for young adults and their families. As adults age their homes also grow older, but most are not updated to accommodate the resident’s changing needs. Home adaptation or modification can provide friendlier elder living so older occupants may continue to life safely in the comfort of their home. Know Your Numbers TUESDAY, JULY 28, 3:30 PM Are you at risk for diabetes, heart disease and other chronic diseases? Learn about the numbers and what they mean for various screenings to stay in control of your health. We will talk about cholesterol, blood pressure, body mass index (BMI) numbers and more. For more information or to RSVP, call us at (541) 276-1987 or visit us today! McKay Creek Estates 1601 Southgate Place Pendleton, Oregon 97801 www.PrestigeCare.com