[Fredslist] MTA Payroll Tax

[Alan Klein]

The proper way it should have been handled was to keep paying the tax but
to file a protective relief claim which, if the tax was overturned this
would allow a taxpayer to file for refunds including those past the statue
of limitations period.  Anyone who chose not to pay the tax or to file an
amended return claiming a refund will wind up paying the tax with penalty
and interest.


On Sat, Oct 12, 2013 at 7:40 PM, Corey Bearak <bearak at me.com> wrote:

> It has been discussed numerous times at meetings of Gotham Long Island
> Legal.
> In part because a Supreme Court ruling from Nassau County "repealed" the
> tax, some tax and other advisors suggested not paying the tax, other
> suggested paying it under protest; others pointed out it remained on the
> books and needed to be paid at due intervals.
> In June an appeals court overturned the Nassau ruling.
> This past Thursday, the NYS Court of Appeals declined to hear an appeal
> from the counties (the plaintiffs has sought an automatic right of appeal;
> they claimed a "substantial constitutional question" which argument the
> Court of Appeals rejected.).
> *Corey B. Bearak, Esq.
> *Government & Public Affairs Counsel
> *Networker of the Year-2012*| co-chair, *GO*tham *GREEN |* Gotham Towers |
>  LI Legal | co-chair, Brooklyn Power Breakfast | co-chair, Staten Island
> Gotham
> P.O. Box 135, Glen Oaks, NY 11004
> (718) 343-6779 ♦ facsimile *(888) 379-3492
> *Bearak at me.com <bearak at me.com> ♦ CoreyBearak.com <http://coreybearak.com/>
> *♦** *Bearak on Twitter <http://twitter.com/Bearak>
>
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