The Greene County Democrat

Tag: Luther ‘Nat’ Winn

  • Greenetrack wins major victory for gaming in Greene County by recent decision of the Alabama Tax Tribunal

    By: John Zippert, Co-Publisher

    On August 29, 2019, Jeff Patterson, Chief Judge for the Alabama Tax Tribunal rendered a decision voiding over $75 million in sales taxes and $746.292 in consumer use taxes claimed by the State of Alabama against Greenetrack, Inc.
    These taxes and interest were imposed by the State of Alabama after an audit for the period January 2004 to December 2008 and related solely to bingo operations at the taxpayer’s facility – Greenetrack.
    Luther ‘Nat’ Winn, CEO of Greenetrack, in an interview with this reporter, said, “We are pleased that the Tax Tribunal, headed by a judge, appointed by Governor Kay Ivey, took an objective view of this matter and gave us a fair hearing on the law and the merits of our case.”
    “This matter has been going on for over a decade and we are pleased to see it ended in our favor. Gov. Bob Riley conducted the original tax audit as part of his efforts to closedown Greenetrack and electronic bingo in Greene County,” added Winn
    The thirteen page analysis and decision of the Alabama Tax Tribunal reviews the history of Greenetrack’s exemption from sales tax on gaming, starting with dog racing
    and continuing to include simulcasting of dog and horse races as well as gaming through electronic bingo, which was the subject of the tax liability that was in dispute.
    The original legislation, Act 1975-376, allowing dog racing at Greenetrack imposed various license fees and taxes by the Greene County Racing Commission, also included Section 16, which stated “the license fees, commissions and excise taxes imposed herein shall be in lieu of all license, excise and occupational taxes to the State of Alabama.”

    Greenetrack relied on the exemption specified in Section 16 to cover all gaming activities including bingo, which has grown to be the largest part of its revenues.The Tax Tribunal also cites later tax legislation, passed by the Alabama Legislature in 1986, which imposed sales taxes on merchandise, food and beverages sold at dog racetracks within the state. This legislation imposed other occupational, income and ad valorem property taxes on dog tracks but specifically exempted sales tax on admissions and the wagering handle at these facilities.
    The Tax Tribunal in its decision voiding the sales taxes imposed on bingo gaming in Greene County said that it was not a legislative body and could not “displace the legislature by amending statutes to make them express what we think the legislature should have done.”
    At the end of his decision, Jeff Patterson, chief Judge of the Alabama Tax Tribunal, gives the State of Alabama thirty (30) days to appeal its decision to the Circuit Court. When asked if he expected the State of Alabama to appeal, Winn said, “I cannot speak for the State but I hope they will not appeal and have confidence in the decision of their Department of Revenue administrative judges.”
    Knowledgeable observers of the bingo battles between the State of Alabama, Greenetrack and other bingo operators feel this is a great victory that could have imposed retroactive sales taxes on gaming in Greene County that would have closed down this tourist industry, which is providing jobs and fee revenues to government agencies, municipalities, education, healthcare and other services in the county.

  • Eutaw Area Chamber of Commerce presents awards at Sue Vance Memorial Dinner

    The Eutaw Area Chamber of Commerce presented awards at its annual membership meeting and Sue Vance Memorial Dinner on Thursday, March 21, 2019, held at the LAW Center. Among the award recipients were: (L to R) Rev. Christopher Spencer, Pastor of St. Matthew Watson Baptist Church for Religion, Mayor Raymond Steele of Eutaw for Government, Dr. Marcia Pugh, CEO of Greene County Health System for Health Care, Dr. Carol and John Zippert, Co-Publishers of the Greene County Democrat for Communications, Beverly Gordon, Chamber President, Dan Williams, WestRock Paper Co. for Business, Nancy Cole for Education, District Judge Lillie Jones Osborne for Community Service, Delphine McKenzie for the Sue Vance Service Award. Not shown Luther ‘Nat’ Winn, Greenetrack for the Leadership Award. Before a delicious dinner of Italian food specialties, the group heard an inspirational address by Attorney John Stamps III of the Black Belt Law Center in Bessemer, Alabama, who also co-sponsored the event.

  • Solidarity meeting held to support electronic bingo in Greene County

    Nat WinnGreenetrack CEO Luther “Nat” Winn addresses Solidarity meeting

     

    On Tuesday, November 21, the Black-Belt Solidarity Committee held a meeting at the Eutaw National Guard Armory in support of Greene County Constitutional Amendment 743 authorizing electronic bingo in Greene County. The Solidarity Meeting Committee consisting of Val Goodson, Beverly Gordon and Patricia Edmonds sponsored the meeting.
    Two hundred supporters of bingo attended and heard statements from community political and organizational leaders in support of electronic bingo and its benefits to the community.
    The meeting was held in response to a recent lawsuit filed by Alabama Attorney General Mike Marshall to stop bingo in five counties around the state including Greene, Lowndes, Macon, Morgan and Houston where bingo has been authorized by voter support of Constitutional amendments.

    Sheriff Joe Benison spoke and said he enjoys serving the people of Greene County with his staff of 34 employees and encouraged unity in the face of the attack on bingo by the Attorney General.
    Hodges Smith speaking on behalf of the Greene County Volunteer Fire Associations said, “ Before bingo, we had to raise money for fire trucks and other equipment selling hot dogs and hamburgers. It was very difficult and we could not get all of the up to date equipment we needed. We do not want to be pushed backwards into the dark ages again. We need to stand together for bingo.”
    Johnny Isaac, Chair of the E-911 Board also spoke in favor of bingo and the need for unity in view of the attack on Amendment 743.
    John Zippert, Chair of the Greene County Health Systems Board of Directors said, “We received a distribution of $39,375, for the month of October, from four of the five bingo establishment this week which helped the hospital to meet payroll and expenses to continue to provide health services in Greene County to people who do not have any insurance.”
    Mayor Raymond Steele spoke of the benefits of gaming to the City of Eutaw and other municipalities in the county that receive bingo funds. County Commissioner Allen Turner reported that the County Commission used bingo funds to match Federal funds for road and bridge repairs, which stretched the funds and made them to further to help the people of Greene County.
    Luther ‘Nat’ Winn, CEO of Greenetrack said he was pleased to see people standing together to protect what we have. “I hope this sends a message to AG Marshall not to come to disrupt the jobs and economic progress we have made through electronic bingo.” Winn continued, “ I want you to know that we are not going to close our operations this time. If the state comes, I for one am going to stand in the doorway of Greenetrack and stop the State of Alabama from disrupting a gaming industry that employs hundreds and supports the county agencies and schools of Greene County. This is a part of our voting rights and civil rights and we are not giving up without a fight.”
    Commissioner Marcus Campbell of Sumter County and Probate Judge Crawford of Hale County also spoke in support of unity to keep Greene County bingo working because it provides employment and other benefits to residents of their adjoining counties.
    The Solidarity meeting was adjourned and a monthly Greene County Fire Association meeting went forward.

  • Greenetrack sets up guarantee fund to assist Greene County Health System with payroll

    Greenetrack

    Pictured L to R: Greenetrack Boardmember Toice Goodson, Sr., Greenetrack
     CEO Luther ‘Nat’ Winn, Jr., GCHS boardmember John Zippert,  GCHS
    boardmember Shirley Isaac  and Greenetrack Boardmember Jimmy Pasteur

    At a press conference on Friday morning at Greenetrack, Greenetrack CEO, Luther ‘Nat’ Winn Jr. and several board members presented the Greene County Health System (GCHS) with two checks totaling $150,000. These funds will be used to establish a guarantee fund in the Merchants and Farmers Bank to insure that the GCHS can meet its bi-weekly payroll, even when payments from Medicaid, Medicare and other health payers are delayed. The GCHS has 200 full and part-time employees.

    The Greene County Health System, which includes the Hospital, Residential Care Center (nursing home) Physicians Clinic, Home Health Services, Rehabilitation Services and other health care benefits was represented at the presentation by Board members – Shirley Isaac and John Zippert. GCHS board members thanked the officials of Greenetrack for their concern and support.
    In early April, according to Elmore Patterson, GCHS CEO, the health system experienced some difficulties in meeting a payroll because its Medicaid payments were delayed until later in the month. GCHS board members and Medicaid itself made loans and advances to assure that the payroll was met.
    Luther Winn Jr., CEO of Greenetrack learned of these problems and agreed to assist by placing funds in a guarantee account to assure that the payroll could be met on a timely basis.
    Luther Winn, Jr., CEO of Greenetrack and a member of the Greene County Industrial Authority, felt compelled to step in and assist.  “Greenetrack is committed to the Greene County community. As in the past, we have done what we could to improve the quality of life for every resident here,” said Winn, “and we cannot afford to lose our hospital.”  Winn went on to say that the Industrial Authority actively seeks new businesses for the area and without a hospital, he fears that businesses definitely will not consider coming to Greene County.
    Winn informed the GCHS that Greenetrack was receiving $75,641.07, mostly in coins, back from the State of Alabama, in connection with litigation concerning the first raid on Greenetrack in 2010. These funds were awarded back to Greenetrack by Special Circuit Judge Houston Brown, in a summary judgment on February 3, 2016, in a hearing in Greene County. The case also involves over 800 electronic bingo machines seized by the state in the same raid.
    The coins were in Greenetrack’s vault but the State of Alabama, who seized them, could not prove that these funds were derived from illegal gambling activities and thus agreed to return them.
    Greenetrack’s Board of Directors agreed to match the State’s funds with an additional $75,000 to create a $150,000 guarantee collateral fund in Merchant and Farmers Bank to back-up the GCHS’s payroll account. If the GCHS has to draw upon this account to support payroll, it will have to replace the funds before drawing on the account again. “This will insure that the GCHS’s employees will never miss a paycheck,” said Winn.
    Shirley Isaac of Forkland and GCHS Board member said  “ We are grateful to Mr. Winn and Greenetrack for their support and confidence in the hospital, nursing home and other services. This will surely help us to meet our responsibilities to our hardworking and dedicated staff.”
    John Zippert, another GCHS Board member said, “ We appreciate what Mr. Winn and Greenetrack have done to help the GCHS but it is up to us as citizens of Greene County to do our part and use the facilities, health personnel and services available at the hospital, residential care center and physicians clinic.”
    “We have 20 beds in the hospital, 70 beds in the nursing home, 3 doctors and 2 nurse practitioners at the clinic, a full lab, new X-ray machine, women’s health center with mammography, physical, occupational and speech therapy services, home health services and many other health services at our facilities. There is no reason to go to Tuscaloosa, Demopolis or elsewhere for medical and health services unless you are referred by GCHS. If we don’t use our facilities and staff, we will surely lose them,” said Zippert.
    Elmore Patterson, GCHS CEO said, “We welcome this support from Greenetrack. We hope that we will also secure some regular monthly funding from Sheriff Benison’s bingo rules which will help us meet the costs for serving so many people in the county who cannot afford healthcare and those with Medicare and Medicaid whose reimbursements do not meet the full cost of providing care.”