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OKLAHOMA COUNTY • CJ-2025-1282

Oklahoma Tax Commission v. National Payroll Management Company and Gene Bertcher, individually and as an officer, and Louis Corna, individually and as an officer, and Cecelia Maynard, individually and as an officer, and Bradley Kyles, individually and as an officer

Filed: Feb 25, 2025
Type: CJ

What's This Case About?

Let’s get one thing straight: nobody likes paying taxes. But when the Oklahoma Tax Commission comes after you, it’s not just about the money you owe—it’s about the interest, the penalties, the filing fees, and the fact that your name is now on a list of people who really, really didn’t get the memo about deadlines. And in this case, we’re not talking about some guy who forgot to file his W-2. We’re talking about a payroll company—yes, a company in the business of handling other people’s taxes—that somehow managed to flake on its own tax obligations. The irony is so thick you could slice it with a W-4 form.

So who are these characters? On one side, you’ve got the Oklahoma Tax Commission—the state’s very serious, very unamused tax enforcers. They don’t show up in court for small talk. They show up when someone owes them money, and they want it now. Represented by Assistant General Counsel Taylor Thomas (OBA #35753, because of course they listed the bar number—this is serious business), the Commission is here to collect what’s owed, plus interest, penalties, and the emotional labor of having to file this paperwork in the first place.

On the other side? National Payroll Management Company, a business that, by all accounts, should know better. This isn’t a bakery that miscalculated its sales tax. This is a company whose entire job is to handle payroll, withhold taxes, and make sure everyone from janitors to CEOs gets paid—and taxed—correctly. And yet, here we are. The company, along with four of its officers—Gene Bertcher, Louis Corna, Cecelia Maynard, and Bradley Kyles—is being sued not for failing to pay someone else’s taxes, but for failing to pay its own. And not just a little bit. We’re talking about $10,440.10 in delinquent taxes, mostly from unpaid withholding taxes between 2014 and 2020. That’s right—some of this debt goes back a decade. At this point, it’s less “oops, we missed a payment” and more “are we just ignoring the state at this point?”

Now, let’s unpack what actually happened. The Tax Commission didn’t just wake up one morning and decide to sue. They issued six tax warrants—essentially official IOUs backed by the full weight of the state—against National Payroll Management and its officers. These warrants were filed in January 2025, but the unpaid taxes go back to three different periods: a tiny $58 tax bill from late 2014 and late 2018, and then a whole cluster of unpaid obligations from the final quarter of 2020. Here’s the kicker: for that 2020 period, the actual tax owed was zero dollars. That’s right—$0.00 in tax. But thanks to interest, penalties, and fees piling up over three years, each of those $0 tax bills ballooned into debts of over $1,500. Gene Bertcher? Owes $1,638.15. Cecelia Maynard? $1,710.15. Bradley Kyles? $1,674.15. And the company itself? Still on the hook for $2,249.35 from the 2014 and 2018 periods, where the original tax was just $58. That’s a 3,800% increase, give or take. It’s like leaving a library book out for ten years and showing up to find you owe more in late fees than the book costs.

The legal claim here is a garnishment action—which, in plain English, means the Tax Commission wants to seize money or property to cover the debt. They’re not asking for jail time or a public apology. They just want their money. And under Oklahoma law (specifically 68 O.S. § 231(K)), they’re allowed to treat these tax warrants like court judgments, which means they can go after bank accounts, wages, or even real estate. The filing is clean, dry, and bureaucratic—no dramatic accusations, no allegations of fraud or embezzlement. Just a long, slow accumulation of unpaid bills, compounding interest, and the quiet fury of a government agency that has had enough.

So what do they want? The Commission is asking the court to allow garnishment—or any other collection method necessary—to recover the full amount owed, which as of March 15, 2025, was $3,960.93. Wait—wasn’t the total debt over $10,000? Yes. But here’s the twist: some of the warrants may have already been partially paid, or the Commission is focusing on the remaining balance. Either way, $3,960.93 is still a meaningful sum—especially when you consider it’s mostly penalties and interest on a few dozen dollars of actual tax. Is that a lot? For a payroll company, probably not. But for four individuals being personally targeted—yes, personally—because they were officers when the taxes went unpaid? That’s a different story. These aren’t shareholders hiding behind corporate structure. These are people whose Social Security numbers are attached to the debt, whose credit could be dinged, whose bank accounts could be frozen. And for what? A $58 tax bill from 2014 that turned into a $2,249.35 monster?

Here’s the thing we can’t stop thinking about: this is a payroll management company. These are the people you hire because you don’t want to deal with tax compliance. You outsource the stress to them. And yet, they couldn’t even manage their own obligations. It’s like hiring a personal trainer who’s never worked out. Or a chef who eats nothing but gas station nachos. The sheer audacity of outsourcing your taxes to a company that then fails to pay its own is almost poetic. And the fact that this dragged on for years—with no apparent effort to resolve it until the state had to step in—makes it feel less like an oversight and more like a slow-motion train wreck.

Are we rooting for the Tax Commission? Sure. They’re just doing their job. But part of us also wants to sit these executives down and ask: What were you thinking? Did they forget? Were they cash-strapped? Did they think the state would just… forget? Because the math here is brutal. That $58 tax bill from 2014 became over $2,200. That’s not a penalty. That’s a cautionary tale. And now, they’re in court, named individually, with their names stamped on legal documents that say “delinquent taxpayer.” That’s not just a financial hit. That’s a reputation stain.

In the end, this isn’t a story about crime or conspiracy. It’s a story about complacency. About the quiet, creeping cost of ignoring small problems until they become big ones. And if there’s a lesson here, it’s this: if you run a company that handles taxes, for the love of all that is holy, pay your own. Otherwise, the Oklahoma Tax Commission will be happy to remind you—repeatedly, with interest.

Case Overview

Petition
Jurisdiction
District Court of Oklahoma County, Oklahoma
Relief Sought
Claims
# Cause of Action Description
1 garnishment action collection of delinquent taxes

Petition Text

1,923 words
IN THE DISTRICT COURT OF OKLAHOMA COUNTY STATE OF OKLAHOMA STATE OF OKLAHOMA, ex rel. OKLAHOMA TAX COMMISSION, Plaintiff/Judgment Creditor, vs. NATIONAL PAYROLL MANAGEMENT COMPANY AND GENE BERTCHER, INDIVIDUALLY AND AS AN OFFICER, AND LOUIS CORNA, INDIVIDUALLY AND AS AN OFFICER, CECELIA MAYNARD, INDIVIDUALLY AND AS AN OFFICER, AND BRADLEY KYLES, INDIVIDUALLY AND AS AN OFFICER, Defendant(s)/Judgment Debtor(s). CJ - 2025 - 1282 Case No: OTC Case No: X-25-014 FILED IN DISTRICT COURT OKLAHOMA COUNTY FEB 25 2025 RICK WARREN COURT CLERK PETITION Plaintiff, State of Oklahoma, ex rel. Oklahoma Tax Commission, alleges and states as follows: 1. That the Tax Warrants attached hereto as “Exhibit 1 through Exhibit 6” and by this reference incorporated herein as if set out in full were filed in the Oklahoma County Clerk’s Office against the real and personal property of Defendant(s). 2. That the total indebtedness as of the date of said tax warrant(s) was $10,440.10 such indebtedness arising as a result of the Defendant’s failure to pay taxes for the following tax types and periods: <table> <tr> <th>Exhibit</th> <th>Tax Warrant #</th> <th>Tax Type</th> <th>Periods</th> </tr> <tr> <td>1</td> <td>1539000320</td> <td>Withholding</td> <td>10/15/2014 – 12/31/2014 & 4/1/2018 – 12/31/2018</td> </tr> <tr> <td>2</td> <td>1969309696</td> <td>Withholding</td> <td>10/1/2020 – 12/31/2020</td> </tr> <tr> <td>3</td> <td>1182156800</td> <td>Withholding</td> <td>10/1/2020 – 12/31/2020</td> </tr> </table> <table> <tr> <th></th> <th></th> <th></th> <th></th> </tr> <tr> <td>4</td> <td>1545684992</td> <td>Withholding</td> <td>10/1/2020 –<br>12/31/2020</td> </tr> <tr> <td>5</td> <td>1008814080</td> <td>Withholding</td> <td>10/1/2020 –<br>12/31/2020</td> </tr> <tr> <td>6</td> <td>645285888</td> <td>Withholding</td> <td>10/1/2020 –<br>12/31/2020</td> </tr> </table> 3. That a total indebtedness in the amount of $3,960.93 as of March 15, 2025, remains unpaid. 4. That the Oklahoma Tax Commission, therefore, pursuant to 68 O.S. § 231(K), has all of the remedies and may take all of the proceedings thereon for the collection thereof which may be had or taken upon a judgment of the District Court. WHEREFORE, Plaintiff prays that such garnishment action or actions be maintained, or any other actions as are needed against said Defendant(s) in order to collect the full amount of indebtedness, together with interest, penalty, and fees as provided by 68 O.S. § 217, and for the costs of this action. OKLAHOMA TAX COMMISSION Office of General Counsel Taylor Thomas, OBA #35753 Assistant General Counsel 201 W 5th St., Suite 400 Tulsa, Oklahoma 74103 Telephone: 918-581-2979 Email: [email protected] Oklahoma Tax Commission PO Box 26930 Oklahoma City, Oklahoma 73129 Oklahoma County Doc #: 2025011001003652 Book #: 15973 Page #: 528 Date: 01-10-2025 Tax Warrant #: 1539000320 Date Assessed: January 8, 2025 FEIN/SSN: **-**4725 Taxpayer: NATIONAL PAYROLL MANAGEMENT CO THE STATE OF OKLAHOMA TO: The County Clerk of Oklahoma County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITW with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: WTH-10028145-05 10/15/2014-12/31/2014, 04/01/2018-12/31/2018 <table> <tr> <th> </th> <th>Total</th> </tr> <tr> <td>Total Tax:</td> <td>$58.00</td> </tr> <tr> <td>Interest to date of issuance:</td> <td>$1,678.05</td> </tr> <tr> <td>Penalties to date of issuance:</td> <td>$277.30</td> </tr> <tr> <td>Tax warrant penalty:</td> <td>$200.00</td> </tr> <tr> <td>Filing Fee:</td> <td>$36.00</td> </tr> <tr> <td>Total Amount Due:</td> <td>$2,249.35</td> </tr> </table> Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this January 9, 2025 Oklahoma Tax Commission: [signature] Assistant Secretary Oklahoma Tax Commission PO Box 26930 Oklahoma City, Oklahoma 73129 Oklahoma County Doc #: 2025011001003661 Book #: 15973 Page #: 537 Date: 01-10-2025 Tax Warrant #: 1969309696 Date Assessed: January 8, 2025 FEIN/SSN: **-**4725 Taxpayer: NATIONAL PAYROLL MANAGEMENT CO THE STATE OF OKLAHOMA TO: The County Clerk of Oklahoma County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITW with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: WTH-10028145-05 10/01/2020-12/31/2020 <table> <tr> <th> </th> <th>Total</th> </tr> <tr> <td>Total Tax:</td> <td>$ 0.00</td> </tr> <tr> <td>Interest to date of issuance:</td> <td>$ 892.05</td> </tr> <tr> <td>Penalties to date of issuance:</td> <td>$ 499.00</td> </tr> <tr> <td>Tax warrant penalty:</td> <td>$ 139.10</td> </tr> <tr> <td>Filing Fee:</td> <td>$ 36.00</td> </tr> <tr> <td>Total Amount Due:</td> <td>$ 1,566.15</td> </tr> </table> Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this January 9, 2025 Oklahoma Tax Commission: [signature] Jeri King [/signature] Assistant Secretary PLAINTIFF'S EXHIBIT # Oklahoma Tax Commission PO Box 26930 Oklahoma City, Oklahoma 73129 Oklahoma County Doc #: 2025011001003646 Book #: 15973 Page #: 522 Date: 01-10-2025 Tax Warrant #: 1182156800 Date Assessed: January 8, 2025 FEIN/SSN: **,**2860, **-**4725 Taxpayer: GENE BERTCHER OF NATIONAL PAYROLL MANAGEMENT CO THE STATE OF OKLAHOMA TO: The County Clerk of Oklahoma County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITW with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: WTH-10028145-05 10/01/2020-12/31/2020 <table> <tr> <th>Total Tax:</th> <td>$</td> <td>0.00</td> </tr> <tr> <th>Interest to date of issuance:</th> <td>$</td> <td>892.05</td> </tr> <tr> <th>Penalties to date of issuance:</th> <td>$</td> <td>571.00</td> </tr> <tr> <th>Tax warrant penalty:</th> <td>$</td> <td>139.10</td> </tr> <tr> <th>Filing Fee:</th> <td>$</td> <td>36.00</td> </tr> <tr> <th>Total Amount Due:</th> <td>$</td> <td>1,638.15</td> </tr> </table> Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this January 9, 2025 Oklahoma Tax Commission: [Signature] Assistant Secretary PLAINTIFF'S EXHIBIT #3 Oklahoma Tax Commission PO Box 26930 Oklahoma City, Oklahoma 73129 Oklahoma County FEIN/SSN: **-**8827, **-**4725 Taxpayer: LOUIS CORNA OF NATIONAL PAYROLL MANAGEMENT CO Doc #: 2025011701007866 Book #: 15980 Page #: 82 Date: 01-17-2025 Tax Warrant #: 1545684992 Date Assessed: January 8, 2025 THE STATE OF OKLAHOMA TO: The County Clerk of Oklahoma County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITW with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: WTH-10028145-05 10/01/2020-12/31/2020 <table> <tr> <th>Total Tax:</th> <td>$0.00</td> </tr> <tr> <th>Interest to date of issuance:</th> <td>$892.05</td> </tr> <tr> <th>Penalties to date of issuance:</th> <td>$535.00</td> </tr> <tr> <th>Tax warrant penalty:</th> <td>$139.10</td> </tr> <tr> <th>Filing Fee:</th> <td>$36.00</td> </tr> <tr> <th>Total Amount Due:</th> <td>$1,602.15</td> </tr> </table> Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this January 16, 2025 Oklahoma Tax Commission: [Signature] Assistant Secretary Oklahoma Tax Commission PO Box 26930 Oklahoma City, Oklahoma 73129 Oklahoma County Doc #: 2025011301003747 Book #: 15973 Page #: 968 Date: 01-13-2025 Tax Warrant #: 1008814080 Date Assessed: January 8, 2025 FEIN/SSN: **-**6608, **-**4725 Taxpayer: CECELIA MAYNARD OF NATIONAL PAYROLL MANAGEMENT CO THE STATE OF OKLAHOMA TO: The County Clerk of Oklahoma County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITW with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: WTH-10028145-05 10/01/2020-12/31/2020 <table> <tr> <th>Total Tax:</th> <td>$</td> <td>0.00</td> </tr> <tr> <th>Interest to date of issuance:</th> <td>$</td> <td>892.05</td> </tr> <tr> <th>Penalties to date of issuance:</th> <td>$</td> <td>643.00</td> </tr> <tr> <th>Tax warrant penalty:</th> <td>$</td> <td>139.10</td> </tr> <tr> <th>Filing Fee:</th> <td>$</td> <td>36.00</td> </tr> <tr> <th>Total Amount Due:</th> <td>$</td> <td>1,710.15</td> </tr> </table> Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this January 10, 2025 Oklahoma Tax Commission: [Signature] Assistant Secretary Oklahoma Tax Commission PO Box 26930 Oklahoma City, Oklahoma 73129 Oklahoma County Doc #: 2025011701007879 Book #: 15980 Page #: 95 Date: 01-17-2025 Tax Warrant #: 645285888 Date Assessed: January 8, 2025 FEIN/SSN: **-**2779, **-**4725 Taxpayer: BRADLEY KYLES OF NATIONAL PAYROLL MANAGEMENT CO THE STATE OF OKLAHOMA TO: The County Clerk of Oklahoma County, Oklahoma Whereas, the above named taxpayer(s) is indebted to the State of Oklahoma for ITW with penalties and interest thereon computed to date, for the period(s) and in the amount(s) as follows: WTH-10028145-05 10/01/2020-12/31/2020 <table> <tr> <th> </th> <th>Total</th> </tr> <tr> <td>Total Tax:</td> <td>$0.00</td> </tr> <tr> <td>Interest to date of issuance:</td> <td>$892.05</td> </tr> <tr> <td>Penalties to date of issuance:</td> <td>$607.00</td> </tr> <tr> <td>Tax warrant penalty:</td> <td>$139.10</td> </tr> <tr> <td>Filing Fee:</td> <td>$36.00</td> </tr> <tr> <td>Total Amount Due:</td> <td>$1,674.15</td> </tr> </table> Interest continues to accrue on the total tax until paid, and additional penalties may accrue as authorized by Oklahoma Law. Now therefore, you are directed to record and index this warrant in the same manner as a judgement, using the name(s) of the delinquent taxpayer(s) shown above, name of the tax, the amount of the tax, interest and penalties for which the warrant is issued, and the date and time when filed. In witness whereof, the Oklahoma Tax Commission has caused this writ to be subscribed and duly attested, with the seal of said commission affixed this January 16, 2025 Oklahoma Tax Commission: [Signature] Assistant Secretary
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