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04._Tax_Appeal_Petition_Form_Non-Property.b5b5e87a-c042-4ca2-9329-ceff9b1f8ba1.pdf

Clarke Kent Fleming Petitioner Vs. Michigan Department Of Treasury Respondent · 26-000392-TT

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Page 1

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

ORLENE HAWKS

DIRECTOR

TAX APPEAL PETITION FORM

NON-PROPERTY TAX

MTT DOCKET NO. 

Section 1: Petitioner’s Contact Information

Filer Type: Individual

First Name

Clarke Fleming

M.I.

Kent

Last Name/Company Name

Fleming

Mailing Address (No., Street, P.O. Box or Rural Route)

447 Cherry Hills Dr.

City or Town

Chesterton

State

Indiana

ZIP Code

46304

Telephone Number

219-869-4053

Fax Number

E-mail Address

clarke.fleming@valpo.edu

Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information

First Name

M.I.

Last Name

Firm Name (if any)

Address (No., Street, P.O. Box or Rural Route)

City or Town

State

Michigan

ZIP Code

Telephone Number

Fax Number

E-mail Address

Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. notice of action taken by the 

Michigan Department of Treasury) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default.

Page 2

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

ORLENE HAWKS

DIRECTOR

Section 3: Explain the Reason for this Appeal

I am filing the appeal because I have been harassed by the computer system that the Michigan Department of Treasury uses to flag returns for manual further 

review. Every year my return is flagged for further review unnecessarily delaying my return. I have also received a notice of adjustment of my individual income tax 

letter, which I promptly responded to both electronically and via mail. I was informed by the call center that there is a 6 to 8 month back log to for the treasury 

department to respond to these letters, which I believe to be in violation of Michigan Law. I was also informed by the call center that even if my letter is agreed to 8 

months from now, that the treasury department is refusing to pay the legally required interest that will begin to occur after April 15th, 2026. I have wasted around 

100 hours on the phone with the call center since my return was accepted on January 28th, 2026, as most callers are hung up on by the robot that manages the call 

center when the wait time exceeds 10 minutes to talk to a representative. I was also informed a call center representative that more than likely because my first name 

is Clarke and my middle name is Kent (the same name as superman) that that is the reason that the computer system flags my return, as it flags returns with the 

names of popular cartoon characters. But there is no way to know this as the treasury department claims that it is illegal to say why returns are flagged, even though 

it is not. On 9 seperate occasions, Michigan Treasury call center representatives claimed that there in no actual agent that manually processes returns which have 

been flagged for further review, and that it is only a computer. Finally a supervisor admitted that the representatives are instructed to lie and that there was an actual 

agent that reviewed my return, but that there was no way to know who the agent is, and that even if there was, that it was illegal to give out even their first name. I 

tried to request an informal conference with the treasury department(no filing fee), but I was denied by Brett Beachnau because "the hearings division is a really 

small department", and because "I have only received a notice of adjustment, not a proposed tax due letter." This is despite the fact that under Michigan Law, notices 

of adjustment are appealable both to the tax tribunal and through an informal conference. That is why I am filing this appeal. 

Section 4: Assessment Information

Type of Tax Being Assessed:

Assessment Number(s):

Check all that are being appealed:

Check what action prompted this appeal: (Check one)

If “other,” explain:

List the Amounts being levied:

Tax 230.00

Interest 0

Penalty 0

List the refund sought, if any:

837.00

List your Contentions: 

Tax 0

Interest 0

Penalty 0

Fee Information

A fee of $100.00 is required for the filing of a Non-Property Tax Appeal.

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

ORLENE HAWKS

DIRECTOR

Electronic Signature *Typing your name below will serve as your signature

Petitioner or Attorney/Authorized Representative’s Signature: 

Clarke Fleming

/s/

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