Car dealers claim L&K Marketing billed for sales tax but didn't send it to the state

By Philip Gonzales | Jul 18, 2017

WHEELING — Automobile dealers are suing a marketing agency and its officer, citing alleged fraud, breach of contract and unjust enrichment.

Bob Robinson Chevrolet-Oldsmobile-Cadillac Inc., doing business as Bob Robinson Cadillac, doing business as Bob Robinson Chevrolet and doing business as Bob Robinson Chevrolet, Buick, Pontiac, GMC, Cadillac, et al filed a complaint June 21 in the Ohio Circuit Court against Laukar Corp, doing business as L&K Marketing, and Joseph Boczek alleging they violated Article VII, Section 6 of the West Virginia Constitution.

According to the complaint, the plaintiffs allege that as a result of improper billing, they suffered damages in the amount of $109,485.94. The plaintiffs hold the defendants because they allegedly improperly charged a 6 percent sales tax on the plaintiffs' purchase of television, radio and billboard advertisements without remitting the same to the state of West Virginia.

The plaintiffs request a trial by jury and seek compensatory and punitive damages, pre- and post-judgment interest, costs and attorney's fees and such other just and proper relief. They are represented by Robert J. Fitzsimmons and Robert P. Fitzsimmons of Fitzsimmons Law Firm PLLC in Wheeling.

Ohio Circuit Court case number 17-C-182

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Bob Robinson Chevrolet Buick GMC Cadillac Fitzimmons Law Firm PLLC Ohio Circuit Court

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