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Charge of tax break denied

Gibbons says ethics complaint partisan

Taking the stage Tuesday at the ceremonial groundbreaking for an industrial park outside Las Vegas, Gov. Jim Gibbons began, "Let me make full disclosure, since the press is here. One, I do not have a financial interest in this project. Two, I did not use my power as governor to get to speak up here."

The reference to his ethical troubles drew nervous laughter.


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  • In an interview, Gibbons said the claim that he used his position to get a discount on his taxes was "baseless" and called the ethics complaint that has been lodged against him partisan.

    "I cannot imagine it being anything but that," he said.

    The executive director of the Nevada Democratic Party has submitted a complaint to the state Ethics Commission charging that Gibbons got a tax break he didn't deserve on a piece of vacant land in rural Elko County.

    The 40 acres were part of a ranch owned by a former judge, Jerry Carr Whitehead, who has paid Gibbons more than $5,700 in lease payments to use the land for grazing.

    Based on that, Gibbons said the land deserved to be classified as agricultural.

    "The property had an existing agricultural exemption on it when I bought it," he said. "It still is part of that larger property. It is still used by that larger property."

    Elko County Assessor Joe Aguirre has said he felt pressured by Gibbons and Gibbons' lawyer in the matter, Tax Commissioner John Marvel, to grant the agricultural status.

    Aguirre has said he didn't think the parcel, which was leased for grazing cattle, merited the designation, which decreased Gibbons' property taxes from as much as $5,000 to about $40.

    "I'm not going to question the assessor of Elko County's failure to do his job," Gibbons said.

    He said he spoke to Aguirre only briefly when he visited the assessor's office to inquire about the property.

    "I just went in to ask him what the process was to retain the agricultural exemption," he said. "He pulled the statute out, showed me, and I said, 'OK,' and left."

    Gibbons said he didn't recall whether Aguirre told him at that time that the property was likely too small to qualify for the exemption.

    "I don't know how he would make that judgment, because he knew nothing about the parcel itself," Gibbons said. "He had not been there. He didn't know what I was using it for."

    After the visit from Gibbons, Aguirre corresponded with Marvel about the property.

    "I don't believe John E. Marvel put any sort of undue pressure on him at all," Gibbons said.

    Marvel on Monday called the ethics complaint, lodged against him as well, "ludicrous" and a waste of time for both the parties accused and the taxpayers.

    The governor said he has no plans to develop the land.

    "Down the road, I may use it for something other than agriculture," he said. "Right now it's just used for agriculture."

    Contact reporter Molly Ball at mball@reviewjournal.com or 702-387-2919.

    By MOLLY BALL

    REVIEW-JOURNAL

    Taking the stage Tuesday at the ceremonial groundbreaking for an industrial park outside Las Vegas, Gov. Jim Gibbons began, "Let me make full disclosure, since the press is here. One, I do not have a financial interest in this project. Two, I did not use my power as governor to get to speak up here."

    The reference to his ethical troubles drew nervous laughter.

    In an interview, Gibbons said the claim that he used his position to get a discount on his taxes was "baseless" and called the ethics complaint that has been lodged against him partisan.

    "I cannot imagine it being anything but that," he said.

    The executive director of the Nevada Democratic Party has submitted a complaint to the state Ethics Commission charging that Gibbons got a tax break he didn't deserve on a piece of vacant land in rural Elko County.

    The 40 acres were part of a ranch owned by a former judge, Jerry Carr Whitehead, who has paid Gibbons more than $5,700 in lease payments to use the land for grazing.

    Based on that, Gibbons said the land deserved to be classified as agricultural.

    "The property had an existing agricultural exemption on it when I bought it," he said. "It still is part of that larger property. It is still used by that larger property."

    Elko County Assessor Joe Aguirre has said he felt pressured by Gibbons and Gibbons' lawyer in the matter, Tax Commissioner John Marvel, to grant the agricultural status.

    Aguirre has said he didn't think the parcel, which was leased for grazing cattle, merited the designation, which decreased Gibbons' property taxes from as much as $5,000 to about $40.

    "I'm not going to question the assessor of Elko County's failure to do his job," Gibbons said.

    He said he spoke to Aguirre only briefly when he visited the assessor's office to inquire about the property.

    "I just went in to ask him what the process was to retain the agricultural exemption," he said. "He pulled the statute out, showed me, and I said, 'OK,' and left."

    Gibbons said he didn't recall whether Aguirre told him at that time that the property was likely too small to qualify for the exemption.

    "I don't know how he would make that judgment, because he knew nothing about the parcel itself," Gibbons said. "He had not been there. He didn't know what I was using it for."

    After the visit from Gibbons, Aguirre corresponded with Marvel about the property.

    "I don't believe John E. Marvel put any sort of undue pressure on him at all," Gibbons said.

    Marvel on Monday called the ethics complaint, lodged against him as well, "ludicrous" and a waste of time for both the parties accused and the taxpayers.

    The governor said he has no plans to develop the land.

    "Down the road, I may use it for something other than agriculture," he said. "Right now it's just used for agriculture."

    Contact reporter Molly Ball at mball@reviewjournal.com or 702-387-2919.

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    Rachel wrote on July 23, 2008 12:20 PM: Jack,

    I think if you read Steve Sebelius blog you might find more detailed inoformation.
    citylife

    Too, a blog called lasvegasgleaner and another called votegibbonsout has more info than the newspaper offers up.


    joe wrote on July 23, 2008 10:51 AM: I think Gibbons has a "full disclosure, I'm innocent" template he just uses over and over and over and over for every mess his stupidity and dishonesty creates.


    Judy wrote on July 23, 2008 09:37 AM: There goes Gibbons again, pandering to the 20% of Nevadans, those with 8th grade educations, that still support him. Anyone who would believe his dribble is pitiful.


    wildbill wrote on July 23, 2008 09:37 AM: Jack....unfortunately, due to Jimbo's history and the information already out on this issue, he does not get the benefit of the doubt. Nor does he deserve it. Let's face it, he's been "Washingtonized". He might have been a good man once, but now he looks more and more like a politician weaseling around and changing his story to fit his needs. this state deserves better.


    wildbill wrote on July 23, 2008 09:02 AM: Joe Heck v. Oscar Goodman sounds good. I'm supporting Oscar....at least he's honest about who he is. We need someone from southern NV in charge who understands the needs of the south...you know...civilization.


    Jack wrote on July 23, 2008 08:53 AM: It is always interesting to watch gullible people yammer about how guilty someone is because the RED PRESS prints a story.
    How about waiting to see if there is any validity at all to this claim. Oh wait we arent going to do that we hate Gibbons....bla bla bla


    ths wrote on July 23, 2008 08:22 AM: FLOOD THE ETHICS OFFICE WITH DUPLICATED COMPLAINTS.

    It is easy, a simple questionare form to be filled out and sent in.

    http://ethics.nv.gov/


    ths wrote on July 23, 2008 08:19 AM: We as citizens should of filed this complaint a week ago and then he could not hide behind the partisan angle.

    Is it to late to file as well? I believe if 1,000's of citizens file the complaint as well then the Ethics committee will look at it more seriously.


    lyon wrote on July 23, 2008 08:11 AM: Gibbons thinks its partisan? Didn't he say the same thing when the extremely conservative Wall Strret Journal was publishing articles about the FBI investigating him over the Warren Trepp, "Honey bring the money you promised Jim and Dawn", issue?

    Paranoia! It's always partisan, huh? Never your fault is it Governor? Not the Nanny in the basement, not a drunken night at a steak house, not living in Carson City as required by law, not fufilling your oath of office...no, it's always YOU being VICTIMIZED.

    Come on 2010! Joe Heck versus?!


    DAVE404 wrote on July 23, 2008 08:07 AM: If one pays close attention, you can see the nervousness of Gibbons overt his involvement in a possible crime by examing some of the phrases he uses:

    1."Two, I did not use my power as governor to get to speak up here."
    REALLY? WAS ANYBODY WHO POST COMMENTS HERE ASKED TO SPEAK AT THE GRAND OPENING?

    2. "Aguirre told him at that time that the property was likely too small to qualify for the exemption.

    "I don't know how he would make that judgment, because he knew nothing about the parcel itself"
    NRS 361A.150 (3)SAYS WITHIN 30 DAYS AFTER SALE OF AGRICULTURAL LAND, ASSESSOR SHALL DETERMINE IF NEW PARCEL SHOULD BE DISQUALIFIED FOR CONTINUING AS AGRICUTURAL LAND. HIS JOB TO KNOW.

    3. "The property had an existing agricultural exemption on it when I bought it," he said. "It still is part of that larger property. It is still used by that larger property."
    NO, IT IS NOT PART OF THAT LARGER PROPERTY; IT'S GIBBONS 40 ACRES WHICH IS NOT LARGE ENOUOGH, ACCORDING TO NEVADA CATTLEMEN'S ASSOCIATION, TO FEED EVEN 1/2 OF A COW FOR A YEAR AND THUS DOES NOT MEET THE STATUTORY THRESHOLD FOR AN EXEMPTION.
    Using Gibbons analogy, if the Mirage sold a small piece of its land for a 7-11 then the 7-11 owner is entitled to ask for an unlimited gaming license because it is part of a big casino. SPIN!

    4. "Jerry Carr Whitehead, has paid Gibbons more than $5,700 in lease payments to use the land for grazing."
    THIS IS ONE OF THE CRUXES OF THE STORY! ACCORDING TO NEVADA TAXATION GUIDELINES THE LEASE VALUE OF GIBBONS LAND IS WORTH FAR, FAR, FAR LESS THAN $5,700-DID THE TWO CONSPIRE TO DEFRAUD THE GOVERNMENT OF ITS DUE TAX, THUS SHOULDERING HIS NEIGHBORS IN ELKO COUNTY TO MAKE UP THIS SHORTAGE?

    PAY FAIR, JIM.




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