HOUSTON – August 5, 2010 – The Harris County Tax Office and Precinct 5 constables left an area health care business empty-handed Tuesday, August 3, after their attempt to serve a delinquent tax warrant on accounts owing around $200,000 was countered with a last-second bankruptcy protection filing.

Several years of communication and collection attempts were met with unfulfilled payment promises by Houston-based health care company Quality Infusion Care, Inc., and its President/CEO & Administrator, Jim Rutherford. So the Tax Office went to collect cash or equivalent valued assets from the fleet of luxury vehicles Quality Infusion Care and Mr. Rutherford have titled through the company. Records show some of the company’s autos include:

2008 Bentley convertible ($206,265 original registered sales price)
2008 Mercedes S500 ($107,790)
2007 BMW 750L ($90,580)
2008 Jaguar XKN convertible ($86,200)
2008 BMW 550 ($67,169)
2008 BMW 550 ($67,045 – not a duplicate; different VINs)
2006 Cadillac limousine ($65,661)
2005 Cadillac limousine ($63,661)

The $200,000 Bentley was found in the parking lot outside of Quality Infusion Care’s location on the 6300 block of Richmond Avenue. However, a company employee moved his pickup truck behind the Bentley to prevent it from being towed while Mr. Rutherford dispatched lawyers to file a bankruptcy petition for what appears to be a third time in the last nine years.

“Constables showed great restraint in not arresting Mr. Rutherford’s employee who impeded the law enforcement officers’ execution of their duties,” said Harris County Tax Assessor-Collector Leo Vasquez. “While other taxpayers are doing their best to meet their obligations, Mr. Rutherford has scoffed at the law, is manipulating the system to avoid paying his company’s taxes, and is riding off to his Fort Bend County home in the lap of excessive luxury.”

Although he opted to have his attorney file for bankruptcy, Mr. Rutherford admitted to Harris County constables that  he in fact had the cash available to pay his company’s taxes. Apparently forgetful of a thick file documenting the years of communication with the tax office and their collection agents, Mr. Rutherford pointed his finger and angrily reprimanded the constable stating, “You’re the one that <expletive>’d up. If you would have called, I would have paid it!”

In his initial response to being confronted by the Harris County Precinct 5 constables, Mr. Rutherford quickly flashed a reserve deputy badge he apparently holds from Precinct 7 Constable May Walker. He then placed a call to her and put her on speaker phone, where Constable Walker aptly informed Mr. Rutherford that he should cooperate with the Precinct 5 deputy constables. Ignoring the advice, Mr. Rutherford’s employee blocked in the Bentley shortly after the call.

“Our goal is not to put citizens out of business. We had no intention of taking any medical equipment or the other vehicles necessary for Quality Infusion Care to continue in operation,” explained Tax Assessor-Collector Vasquez. “However, this is the most egregious and obvious disregard for a taxpayer’s obligation to pay his taxes I have seen during my tenure with the Harris County Tax Office. It is Mr. Rutherford’s legal right to yet again use the court system, and he may be able to put off paying his taxes for a while longer, but we will continue to aggressively pursue this collection effort. It’s the law and it’s only fair for the rest of the Harris County taxpayers who are meeting their obligations.”