Update:  Tennessee Department Of Revenue Shuts Down Jonesborough Restaurant

Update:  Tennessee Department Of Revenue Shuts Down Jonesborough Restaurant

Nate Morabito/WJHL

Tennessee Department of Revenue signs and chains blocking the front door of the Brick Oven.

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Nina Harmon remembers Friday morning well. The registered dental assistant works next door to the Brick Oven restaurant along Highway 11E in Jonesborough. Friday, she was just taking out the garbage when she saw four state agents changing the locks of one of her favorite restaurants.

“They had guns and they had badges,“ Harmon said “It was scary.“

It turns out, those people were tax enforcers from the Tennessee Department of Revenue. They came to the Brick Oven Friday to seize the business for not paying state taxes. Today, signs, chains, and padlocks still keep the owners and their employees out.

“We went two or three times a week, always friendly faces, always good service, clean, always friendly, so we were really disappointed,“ Harmon said. “When you work as close as we do, it’s kind of like family. It was just sad. It was a sad day.“

It was a sad day for owner Robbie Davis too.

“I hated that it happened the way it did,“ Davis said.

By phone, Davis admitted in the last five or six months, the Brick Oven has failed to send the sales tax it has collected to the state. He estimated the restaurant owes more than $25,000 in back taxes and penalties. Davis claimed his partner was supposed to front the start-up money for the restaurant, which has only been open for about a year. However, Davis said when that didn’t happen and gas prices skyrocketed, he had to do something to keep the doors open.

That seemed to be just a temporary fix. Now, the restaurant’s future remains unclear. Davis admitted, at this point, he doesn’t know if his restaurant will ever reopen. His landlord, Kelly Wolfe, can only hope.

“They’re still negotiating with the state as far as I know and I really have hopes that something will be resolved,“ Wolfe said. “A lot of folks are having a tough time right now and I hope these guys get this thing worked out. We’d like to see them stay in Jonesborough.“

According to Davis, the Brick Oven now has less than 10 days to pay its back taxes. If the restaurant doesn’t pay up, the state will come in and auction off all of the equipment inside, Davis said. As for any possible criminal charges, Davis said he is not aware of any.

Meanwhile, although the Tennessee Department of Revenue won’t talk specifically about this case, spokesperson Sophie Moery said seizures like this one are rare, since they are a last resort.

“In general, if a business has been seized, they have been given every opportunity to pay its liability or arrange a payment schedule,“ Moery said.

Moery added, only a handful of businesses state seizes close for good. Of the 250 businesses seized in Tennessee last fiscal year, she said roughly 90 to 95% reopened within one to three days.

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Flag Comment Posted by captainkona on November 01, 2008 at 5:38 pm

LOL, what a dolt.

Who fails to turn in sales tax? It’s not even included in the gross.
Times are tough for small biz under the Republican regime, but you have to turn in the sales tax.

This was just bad business practice.

Flag Comment Posted by JohnB on November 01, 2008 at 2:31 pm

Posted by ( John Galt ) on October 28, 2008 at 11:16 pm


Still not sure? This will take you off the fence. The media is not telling you everything about Obama. Go here to find out what’s being ignored:

http://www.obamaspast.com

that website is the biggest load of crap I’ve ever seen…quotes taken out of context,twisted to show a different meaning,and outright lies.

Sadly,ignorant people believe every word.

So Obama is an Arab/American? Since when is KENYA an Arab Nation (his father was a black from Kenya).

But,JG…you probably couldn’t find Kenya on a map with a big arrow pointing at it.

Just one example. Mudslinging lies like this is typical of how Republicans get elected. They can’t run on their own records,so they spread lies about their opponants.

Flag Comment Posted by BristolBound on November 01, 2008 at 4:24 am

Ben, just wondering since you give the advice to “go be with your socialist friends” if you are aware that several of the coutries of which you used as contrast to our tax system long ago adopted socialistic principles? Canada, England, and France all have a socialist health care system of which is provided thru TAXES. Your comparison is null, but I did get a much needed smile out of it.

Flag Comment Posted by csdawson on October 30, 2008 at 10:52 am

Ben, you might want to check your facts before you start claiming others do not understand taxes or economics. MSN did a nice comparison of tax burdens of the 30 member nations of the Organization for Economic Cooperation and Development (OECD).  The U.S. and all the countries you mentioned are members. The U.S. had a significantly lower tax burden than all of the countries you mentioned.  Here is the link: http://moneycentral.msn.com/content/Taxes/P148855.asp The data is from 2005 but the European Union (EU) did a study last year and released a report showing that the overall tax burden of EU members had increased slightly 0.4% since 2004.  Here is the link to that report: http://epp.eurostat.ec.europa.eu/pls/portal/docs/PAGE/PGP_PRD_CAT_PREREL/PGE_CAT_PREREL_YEAR_2007/PGE_CAT_PREREL_YEAR_2007_MONTH_06/2-26062007-EN-AP.PDF I would be happy to review your sources which contradict these reports.  While no one in there right mind wants to pay taxes and we all know there is waste and fraud in government, I still believe that we live in a country that is better than anywhere else on the planet.  When I stop believing that, I will move to the country that takes its place.  No one should live where they are not happy and are not proud to tell people where they call home.

Flag Comment Posted by evaningstar on October 29, 2008 at 3:02 pm

First of all Ben, not one of the countries you named are third world countries. So, no you did not answer my question. You averted it. And yes I have attended a city council meeting on many many occassions to ask questions and let my opinion be known. Just as I have attended school pta meetings to discuss things the same way. I am not a socialist. I am a realist. And I realize things are what they are just as the owners of this business should and probably have done. They realize they should have paid the taxes they collected on behalf of the government, and they would still be open for business. It is no ones fault but their own and there is no name calling or reasoning that can change that.

Flag Comment Posted by evaningstar on October 29, 2008 at 1:33 pm

I am still waiting for Ben to name a third world country that has all the amenities that we do and lower tax base. That might change my opinion a bit.
I do get your point. We pay too much. And name calling is not necessary, it only shows frustration and ignorance.
I love to debate and am glad we live in a free country where we can do so, but no need to be ugly.
And of course, I will vote on election day so I can gripe a little when things don’t go my way but in all if I want to make a true change in the local government I would jump in there and try. Do you go to city council meetings? Have you ever ran for a council position? Have you ever made an attempt to change things or just complain about it?

Flag Comment Posted by evaningstar on October 29, 2008 at 7:15 am

Ben, I think you and I have a different idea of what a third world country is. A third world country doesn’t have any amenities. No running water, sewer system, public school system, police force, public library, social security system etc. That is why they are considered a third world country. I do agree with you that we are taxed too much but taxation is necessary. Where would the money come from to pay for the public services if we weren’t taxes? I think you should run for city council if you feel so strongly about this. Run, get in there and make a difference, or realize where all the money goes. Both Citys budgets can be found online “I think”. That is a great start to see where the money is going. While we dont’ always agree with everything (and noone ever could) you will see that our educational system takes alot of money and are you willing to give that up or cut there? Again, I know there is waste and senseless spending, there is in any company and thats what running a city is like, running a company. Next time you go to the grocery store, have them explain to you why their prices are so high, they have senseless spending too and that is passed on to us and just like taxes, you have to buy food. And what country specifically has more or even the same luxuries than we do and has a lower tax base?

Flag Comment Posted by John Galt on October 28, 2008 at 10:16 pm

Still not sure? This will take you off the fence. The media is not telling you everything about Obama. Go here to find out what’s being ignored:

http://www.obamaspast.com

Flag Comment Posted by evaningstar on October 28, 2008 at 6:05 pm

I am in no way in love with taxes and hope not to see an increase, lord knows I pay my share. I live in the city so I pay city and county property taxes. But, I don’t think anyone is to blame for this but the resturaunt owners. It is purely bad business sense. These taxes are above and beyong what is charged for what they sell. They apparantly overestimated the business they would be doing or underpriced their product. That is of no fault of anyone but the owner. Taxes are a necessary evil and yes they are necessary no matter how you look at it. If you want to give up police protection and public education, public parks, public transportation, welfare (to those that deserve it), fire departments, street lamps, paved roads etc. the list could go on for awhile. Then go live in a third world country that does not have these luxuries that are afforded us through taxation. Me, while I hate giving up my money, enjoy the things those taxes bring me..I do have to put out of my mind the overpaid government but it is what it is.

Flag Comment Posted by nanaof150 on October 28, 2008 at 4:03 pm

My hardworking husband and I don’t have problems with paying taxes because the government has to have taxes to run. We need the services and they have to be paid for somehow. The problem I have is to have to pay taxes then the government turns my hubby’s hard work into free money for the lazy deadbeats who won’t work.

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