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October 28, 2009

County judge rules in electric vehicle owners’ favor

By Cass Rains, Staff Writer

Oklahomans who have purchased, or intend to purchase, low-speed electric vehicles will get a tax credit from the Oklahoma State Tax Commission a Garfield Cou-nty judge ruled Wednesday.

District Judge Dennis Hladik issued a two-page ruling stating the plaintiffs who sought an emergency restraining order against the commission will receive the tax credit for purchases of low-speed electric vehicles.

The lawsuit, filed Sept. 23 in Garfield County District Court by Ada Electric Cars, names OTC and its three commissioners — Thomas Kemp Jr., Jerry Johnson and Constance Irby — as defendants and sought to overturn the commission’s rule preventing buyers from claiming a state tax credit for LSVs.

Hladik heard testimony from LSV manufacturers, dealers, buyers and potential buyers during a hearing Oct. 21. However, the two parties told Hladik they were attempting to reach an agreement and needed more time before he entered his ruling. Hladik gave the parties until Wednesday to reach an agreement or he would issue his order.

The order lists 15 individual models that qualify for the credit. The models listed in the order include Tomberlin E-Merge E-2, Tomberlin E-Merge E-4, Tomberlin Anvil, Tomberlin E-Merge Classic, Ruff & Tuff NEV2, Ruff & Tuff NEV4, Ruff & Tuff Cruiser EV2, Ruff & Tuff Cruiser LX2, Ruff & Tuff Cruiser LX4, Ruff & Tuff Hunter 4x4, Stealth Patriot LSV, Stealth Patriot LSV 4 X 4, Fairplay EVE, Fairplay Goat and Bad Boy Buggie XT LSV.

The order also includes, “any other low-speed vehicles similarly equipped as those described above qualify for ...,” the state tax credit.

“All Oklahoma taxpayers who have purchased or will purchase these models will qualify for the tax credit,” according to Hladik’s ruling. “The Oklahoma Tax Com-mission is enjoined from denying the credit to taxpayers for these models and from issuing statements to the contrary.”

An existing state tax credit allows purchasers of certain electric vehicles to claim an income tax credit totaling 50 percent of the purchase price that can be spread over five years.

But OTC passed an emergency rule on Sept. 17 excluding electric vehicles whose bodies are similar to golf carts or go-carts instead of a traditional passenger automobile. Also excluded were vehicles designed and manufactured primarily for sporting or recreational purposes.

The commission withdrew its ruling Oct. 1; however, the lawsuit against the commission continued.

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