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HomeMy WebLinkAbout09-21-2020 - TRACFone Preliminary Witness and Exhibit List1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 125110.0002/8196793.2 APPELLANT’S PRELIMINARY WITNESS AND EXHIBIT LIST - 1 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 BEFORE THE HEARING EXAMINER OF THE CITY OF RENTON RE: TracFone Wireless, Inc. Administrative Appeal APPELLANT’S PRELIMINARY WITNESS AND EXHIBIT LIST Pursuant to the Scheduling Order Dated May 15, 2020, Appellant TracFone, by and through counsel, Lane Powell PC hereby submits its preliminary list of witnesses and exhibits. I. WITNESSES 1. Michael Crisp, President TRS 2. Nate Malone-Tax & License Manager, City of Renton 3. Jan Hawn-Administrative Services Administrator, City of Renton 4. Chesley Dillon-Vice-President- Corporate Taxation, TracFone 5. Thomas Hilton-CPA TracFone reserves the right to call any witnesses identified by the City of Renton II. EXHIBITS 1. Contracts between TRS and City of Renton, including but not limited to: a. Agreement dated October 11, 2011 b. Amendment No. 1 dated January 15, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 125110.0002/8196793.2 APPELLANT’S PRELIMINARY WITNESS AND EXHIBIT LIST - 2 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 c. Amendment No. 2 dated November 14, 2014 d. Amendment dated December 12, 2016 e. Contract dated January 1. 2018 f. Amendment No. 1 to Jan. 1, 2018 contract (amendment dated Oct. 29, 2019) 2. Monthly Status Reports (July 2013-March 5, 2020) 3. Audit File including but not limited to: a. TracFone Audit Methodology-all versions b. Data sheets with information on information collected and the calculation of the tax c. Estimated tax letter by TRS dated December 27, 2013 4. Tax Assessment dated February 14, 2019 5. Final Determination of Tax Assessment dated October 17, 2019 6. Notice of Appeal of Utility Tax Assessment dated November 6, 2019 7. Non-Disclosure Agreement between TracFone and City of Renton dated March 10, 2014. 8. Documents Titled Recommendation to City of Renton from TRS (undated) 9. Renton Outline (undated) 10. Emails between TRS and Renton including but not limited to the following: a. TRS to N. Malone dated February 2, 2019 b. TRS to N. Malone dated February 7, 2019 c. J. Hawn to N. Malone dated January 3, 2019 d. N. Malone to TRS dated August 1, 2018 e. TRS to J. Hawn and N. Malone dated December 8, 2017 f. TRS to J. Hawn dated October 5, 2017 (with attachments) g. TRS to J. Hawn dated September 21, 2017 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 125110.0002/8196793.2 APPELLANT’S PRELIMINARY WITNESS AND EXHIBIT LIST - 3 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 h. TRS to J. Hawn dated August 10,2017 i. J. Hawn to TRS dated August 10, 2017 (with attachments) j. TRS to J. Hawn dated August 7, 2017 k. TRS to J. Hawn dated July 28, 2017 l. TRS to J. Hawn dated June 30, 2017 (with attachments) m. TRS to J. Hawn dated January 5, 2017 n. TRS to J. Hawn dated August 9, 2017 o. TRS to I. Wang dated February 2, 2017 p. I. Wang to TRS dated June 13, 2017 q. I. Wang to TracFone dated February 21, 2014 11. Paper titled: Prepaid Wireless Card Providers: Are They Properly Reporting & Paying City Utility Tax based on the Customer’s Place of Use? 12. Estimated tax worksheets (Excel) 13. Documents produced by TracFone pursuant to City of Renton’s subpoena. 14. Resale certificates from wholesale customers of TracFone. Discovery is ongoing and TracFone reserves the right to include additional exhibits and to rely upon exhibits identified by the Respondent DATED: September 21, 2020 LANE POWELL PC By Scott M. Edwards, WSBA No. 26455 edwardss@lanepowell.com Grant S. Degginger, WSBA No. 15261 deggingerg@lanepowell.com Attorneys for TracFone Wireless, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 125110.0002/8196793.2 APPELLANT’S PRELIMINARY WITNESS AND EXHIBIT LIST - 4 LANE POWELL PC 1420 FIFTH AVENUE, SUITE 4200 P.O. BOX 91302 SEATTLE, WA 98111-9402 206.223.7000 FAX: 206.223.7107 CERTIFICATE OF SERVICE I hereby certify under penalty of perjury of the laws of the State of Washington and the United States that, on the date listed below, I caused to be served a copy of the attached document to the following persons via electronic mail: Kari L. Sand Ogden Murphy Wallace P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, WA 98164 ksand@omwlaw.com Cynthia Moya Renton City Clerk 1055 So. Grady Way Renton, WA 98057 cmoya@rentonwa.gov olbrechtslaw@gmail.com Executed on the 21st day of September, 2020, at Seattle, Washington. s/ Norma Tsuboi Norma Tsuboi, Legal Assistant