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Case Studies
State Cancels Sales and Use Tax Assessment Imposed on Non Responsible Partner.
New York State conducted a sales and use tax audit of a private medical practice. The State issued a $529,000 sales and use tax due assessment against the business and attempted to hold a partner of the practice personally liable for the entire assessment. The partner hired Olivier & Associates LLC and we immediately requested a Bureau of Conciliation and Mediation Service Conference based on a non responsible person theory.
We approached the State in attempt to settle the matter and argued that our client, although a partner of the practice, did not have the necessary control or authority over the affairs of the business to be deemed a responsible party with a duty to act on behalf of the business. We supplied the State with the necessary documentation and the State of New York agreed.
The result: : We successfully obtained a cancelation of the entire assessment and there was no need to follow through with the Bureau of Conciliation and Mediation Service Conference.
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