The Herald Bulletin

January 1, 2014

Dairy Queen for sale

Owner says state ended a tax payment plan

By Ken de la Bastide The Herald Bulletin
The Herald Bulletin

---- — ANDERSON – The owner of the closed Dairy Queen on 53rd Street claims the Indiana Department of Revenue terminated a repayment plan on unpaid state taxes.

The Department of Revenue revoked the retail merchant certification of S & F Foods in November. The certificate is an agreement between the state and a retail establishment to collect, report and remit the 7 percent Indiana sales tax.

Although Department of Revenue officials declined to discuss individual taxpayer issues, the department filed tax warranty liens in the amount of $63,113 with the Madison County Clerk’s Office.

Adam Savage, president of S & F Foods, said Tuesday the company was on a payment plan with the Department of Revenue.

“They decided they didn’t want to be a part of the payment plan,” Savage said. “We were given no prior knowledge of the decision.”

Savage said the Department of Revenue wanted a $25,000 payment in November, a payment he was unable to make.

Through the payment plan agreement with the state, he said, the business did satisfy tax warrant liens filed prior to 2012.

“We were making payments to the Department of Revenue for the past two years,” he said. “Most of the $63,000 owed is penalties and interest.”

Savage said he owned a Dairy Queen in Alexandria and revenues from the Anderson store was supporting that operation. He said the Alexandria store was returned to the original owner.

“The store is for sale,” he said of the 53rd Street location. “We have a buyer, but the sale hasn’t been finalized. The new owners want to remodel the store before it is opened.”

Savage said he could have reopened the Anderson store, but decided to keep it closed until a buyer could be found.

The business was sold at the county tax sale on Oct. 5 to Indiana TLP, LLC, a Cincinnati firm. The property taxes owed amounted to $10,637.

S&F has one year to redeem the property by paying the tax bill plus interest to the tax sale buyer.

The Indiana Secretary of State’s office shows S & F Foods is incorporated by Charles and Kay Fry, Anderson, and Adam and Kim Savage, Anderson. Adam Savage is listed as president, Kim Savage is secretary. Kay Fry is the registered agent.

Follow Ken de la Bastide @KendelaBastide on Twitter, or call 640-4863.