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Ex-official: Gibbons didn't apply pressure for tax break

CARSON CITY -- A former Elko County assessor did not feel pressured by Gov. Jim Gibbons to give the governor a tax break on ranchland he bought near Lamoille, according to Nevada Ethics Commission transcripts released Friday.

Joe Aguirre told an Ethics Commission investigator that he had a "very cordial conversation" with Gibbons when the governor showed up in his office on Sept. 1 to inquire about obtaining an agricultural classification on 45 acres of ranchland.


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  • "There was no pressure," Aguirre said. "I mean I have respect for the man ... He didn't do anything that would (have) put pressure on me."

    But Aguirre said he later felt "uncomfortable" when Gibbons hired Elko County lawyer John E. Marvel to handle the tax matter.

    Marvel also serves on the state Tax Commission, and Aguirre said the county lost a $65,000 case before the commission, which handles appeals of county assessor tax decisions throughout the state.

    Aguirre said he always has had trouble getting Marvel to produce records he needs to determine whether people qualify for the agriculture classification, and Marvel still has not produced land lease records in Gibbons' case.

    Gibbons, however, told the investigator he did not know Marvel served on the tax panel when he hired him.

    Earlier this year, Gibbons received an agricultural land assessment that reduced his property taxes on the ranchland from potentially $5,000 a year to less than $40.

    Land for agriculture use is taxed at a reduced rate if the owner can show he earned at least $5,000 a year from agriculture use of the property.

    The ethics panel on Friday released transcripts of interviews its investigator had last week with Gibbons, Aguirre, former District Judge Jerry Carr Whitehead and earlier with state Democratic Party Executive Director Travis Brock.

    Commissioners Tim Cashman and Erik Beyer are scheduled to conduct a Sept. 11 preliminary hearing to determine whether there is ample evidence that Gibbons pressured Aguirre to give him the agricultural assessment on his Lamoille land. If so, the case will go before the full commission, where Gibbons could be charged with breaking state ethics laws.

    Normally commission preliminary hearings are private, but Gibbons asked that the hearing and all materials in the case be made public.

    Gibbons aide Ben Kieckhefer said the transcripts prove what the governor has been saying all along: that he sought no special privileges and did not pressure the assessor into giving him a tax break.

    "It just shows the Democratic Party is out to get him," Kieckhefer said.

    Neither Marvel nor Brock could not be reached for comment Friday evening.

    Aguirre said in his Aug. 21 interview with the investigator that he still doubts the governor qualifies for the lower tax rate. He said he received two "uncanceled" checks totaling $5,700 that Whitehead purportedly paid to graze his cattle on Gibbons' land.

    He said he still has not received a copy of the land lease agreement between Whitehead and Gibbons.

    The state Democratic Party filed a complaint against Gibbons with the Ethics Commission after news reports quoted Aguirre saying Gibbons pressured him into an unwarranted tax break. A second complaint was filed against Marvel.

    In his Aug. 21 interview with the investigator, Aguirre said he told Gibbons during their brief meeting last year that he doubted his 45 acres of grazing land qualified for the lower tax.

    "The integrity of the program means a lot to me," Aguirre said. "I mean we're here to protect the taxpayer, the mom-and-pop operations."

    He said he feels rich newcomers, including Gibbons, are taking advantage of a statute designed to keep agricultural land green.

    Aguirre said he does not feel it is fair for rich people to secure tax breaks, while he has to evict families if they cannot pay a $100 tax bill.

    Gibbons brought the land in August 2007 from Whitehead.

    Whitehead told the investigator he has 500 cows and calves and 30 bulls on his ranch. The animals are free to roam on the unfenced section purchased by Gibbons.

    He said he offered to lease the land from the governor and quoted the fee he would pay and it was accepted.

    The investigator, however, never asked him what the lease payments would be.

    In his interview, Gibbons said he bought the land because that was where he wanted to retire.

    Contact Capital Bureau Chief Ed Vogel at evogel@reviewjournal.com or 775-687-3901.

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    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    Michael Green wrote on September 04, 2008 04:10 PM: Marine, I ran out of space, so please let me add something.

    Few can know or imagine what John McCain went through in Vietnam. He showed incredible courage. During this campaign, however, he has said that he would stick to the issues and attacked his opponent's character and questioned his patriotism. He has spun around on major issues. And all of this has been in the interest of appealing to the Republican base--a most hateful base that once was hateful toward him.

    He showed great courage, indeed, in fighting for his country in Vietnam. I wish he had a quarter as much courage in dealing with a mere political party. That, to me, is the disgrace.


    Michael Green wrote on September 04, 2008 03:56 PM: As to Liberal = Weak, I hope you never have to go to an African American doctor for medical help; maybe he or she will tell you that your kind of racism isn't treatable.

    Marine, I hope you will closely read what I am about to write, all the way to the end. Our soldiers are not fighting in Iraq for our freedom. That is not why they were sent there. They were sent there because Bush and Cheney wanted a war with Iraq. I hope every one of them comes home safely and that every one of them who has come home gets the treatment and help they deserve as heroic defenders of our country. But they aren't there for freedom.

    Bush and Cheney should be, as Vincent Bugliosi, the Manson prosecutor, has argued, indicted for murder. Not only did they not need to send these brave men and women to Iraq, but they should have been in Afghanistan and Pakistan, finding Osama Bin Laden. HE is the one who directed an attack on Americans on American soil. HE is the one they targeted by comparing him with Adolf Hitler, which is an insult to every soldier who died in World War II (including the one for whom I am named) and everyone who died in his camps (including the relatives I never met). Please do not confuse opposition to an unnecessary war with disrespect for those who have had to fight it or fought necessary wars before.

    I would add that in not fighting for my country, that is the only thing I can think of that I have in common with Bush and Cheney. But I didn't avoid service; I haven't had to fight, thankfully.


    liberal = weak wrote on August 30, 2008 10:58 PM: Michael just keep living with your head buried in sand. If you don't see it then it does not exist.
    NOBAMA08
    NOBAMA08
    NOBAMA08
    I don't want a muslim in the White House growing a watermelon patch.


    Marine wrote on August 30, 2008 10:54 PM: Michael, I will assume you never served our country. So you think that our proud soldiers are over fighting for our freedom is for no good reason THEN SHAME ON YOU!!
    You digust me.


    Michael Green wrote on August 30, 2008 10:33 PM: Nobama, you are right. All of that would happen if McCain were to win. But since he won't, our freedoms will be safe and our soldiers won't have to worry that a once brave POW who has become a political coward will send them to another war for no good reason.


    Nobama08 wrote on August 30, 2008 05:21 PM: Now now my sheeple, settle down. None of this will matter soon. The muslims are coming. Enjoy your freedoms today. Enjoy your free speech, religion of choice and your firearms. Because if I am elected you will no longer have any of those.
    I am the empty suit that will bring you hope and change.


    joe wrote on August 30, 2008 03:04 PM: "HELENWEILS", just because someone wins an election they get free reign to do whatever they want with whomever they want? So I bet when Bill Clinton was up to his no good in the White House you were right there defending him right? Because, based on your reasoning, he won the election, so you attempted to silence his critics right? I highly doubt that.

    This has nothing to do with with party affiliation. This has to do with an inept and dishonest Governor who asks the rest of the state to do with less, but pay the same, yet he uses his juice and high-powered friends to get tax breaks the rest of us couldn't touch. And then he lies about his knowledge of the circumstances regarding his lawyer and tax break.

    "HELENWEILS", if Gibbons were a Democrat, I'd be questioning his ethics just as I am now, the only difference is I'm sure you would be too. Why don't you stop looking like such a parrot repeating the same "blame the liberals" B.S. and actually come up with a good defense of your beloved Governor and use some facts? Or is the reason you spit out the same B.S. is because you know there is no way to defend this knucklehead running our state?


    Michael Green wrote on August 30, 2008 02:54 PM: FTW, it's like Helen's pal Bob Beers. If he didn't sound authoritative by making up numbers, we'd see how Republicans know as much about keeping spending under control as Gov. Palin does about foreign policy. In other words, nothing.


    FTW wrote on August 30, 2008 01:03 PM: Tim and Helen, I'm so tired of hearing about "tax and spend" from the "spend and spend" crowd that used to tell us how terrible the federal deficit was for our national financial well-being. The Republican formula today is to reduce income (cut taxes) and increase spending (how much has the deficit grown since W arrived?). Yes, the Democrats need to instill accountability and responsibility in their social programs but the Republicans need to realize that we're all in this together.

    Would you rather spend your money on courts and prisons or on after-school programs that have been shown to reduce juvenile crime? No, the programs won't solve all the problems. There will still be juvenile crime but are you going to paint all those kids with the same broad brush because their circumstances are similar. Here's a hypothetical: You've got 3 kids. One experiments with drugs. Are you going to ground all 3, send all 3 to rehab, and random test all 3? Does that really make sense?

    And do you know anyone that benefits from these programs or are you just listening to the contrived stories about women having more kids to get more welfare money? I used to work in the inner city of Detroit. And yes, there are plenty of parasites but most are hard-working folks, trying to get by. In all the years I was there, I never ran into a single individual with the mindset of having more kids for more welfare. So add some accountability and responsibility to weed out the scum and everyone wins.

    I know I'm a bit off topic here but man, I'm sooooo tired of hearing "tax and spend" from the "spend and spend" crowd.


    Michael Green wrote on August 30, 2008 11:12 AM: Helen, if Obama is elected president and Dina Titus to Congress, I am glad that you are adopting the position that there should be no criticism of either because they will have won their elections.


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