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Blog Archives

Maynard, O'Connor, Smith & Catalinotto, LLP

July 26, 2012

Attorney Aaron Carbone Settles $ 310K+ Sales Tax Liability For Under $11K

Category: Uncategorized — admin @ 10:13 am

Aaron Carbone was recently successful in settling a responsible person sales tax assessment against his client, saving him over $ 300,000. A settlement was reached while an appeal from the Tax Appeals Tribunal decision refusing to reopen the taxpayer’s petition for a hearing was pending. Mr. Carbone worked with the Attorney General’s office – representative of the Tax Appeals Tribunal and Tax Department – to obtain his client a significantly reduced liability. Mr. Carbone’s tenacity in advocacy brought the Department to the table and was able to obtain an alternative resolution that provided the greatest benefit for the taxpayer.

July 19, 2012

Attorney Aaron Carbone Wins Tax Trial and Cancels $380K+ Sales Tax Liability

Category: Uncategorized — admin @ 10:36 am

After conducting a two-day trial before the Division of Tax Appeals, Aaron Carbone obtained a determination completely cancelling a sales and use tax assessment issued against a small delicatessen. The New York State Department of Taxation and Finance, Division of Taxation had performed a sales and use tax audit of the deli utilizing an alternative audit methodology. Based upon the Department findings, it issued a Notice of Determination finding that the deli owed over $ 240,000 in additional sales tax along with interest and penalties making its total liability more than $ 380,000. However, Attorney Carbone proved at trial that the audit methodology lacked a rational basis and must be cancelled. Administrative Law Judge Bennett writes in her decision, “Accordingly, the Division has failed in every regard to show the methodology had a rational basis.” A full copy of the decision is available through the Division of Tax Appeals website at: http://www.nysdta.org/Determinations/823244.det.pdf

July 12, 2012

Attorney Mandell Appointed to Ulster County Bar Association Board of Directors

Category: Uncategorized — admin @ 8:23 am

Attorney Adam Mandell has been appointed to serve on the Board of Directors of the Ulster County Bar Association (“UCBA”). He is pleased to accept that appointment, and looks forward to working with the UCBA to increase access to the Justice System for all members of our communities.

Adam has previously served on the New York State Bar Association’s President’s Committee on Access to Justice, and the New York State Bar Association’s Committee on Civil Rights.

Adam works primarily out of the Maynard O’Connor office in Ulster County, New York.

July 3, 2012

Firm Prevails in Medical Malpractice Appeal

Category: Uncategorized — admin @ 9:29 am

Maynard O’Connor prevails in a medical malpractice appeal. In that case, the plaintiff claimed injuries stemming from the defendants’ alleged failure to administer tissue plasminogen activator (tPA) therapy for treatment of a stroke. On their motion for summary judgment, the defendants established prima facie evidence that they did not commit malpractice, and that tPA therapy was contraindicated in the plaintiff’s care. The plaintiff then sought appellate review arguing that the lower court failed to consider their expert’s opinion that the defendants committed malpractice. Rob Rausch argued the appeal on behalf of the defendants. The Third Department Appellate Division unanimously affirmed the lower court’s decision in holding that the defendants did not commit malpractice, and that tPA therapy was contraindicated.