Albany, NY – July 21, 2009 – (RealEstateRama) — New York State Department of Taxation and Finance Acting Commissioner Jamie Woodward announced today that a Spencerport man who conducts seminars across the United States and Canada in commercial real estate investing faces five felony counts for failing to file state personal income tax returns for seven consecutive years.
David M. Alexander, 57, of 3 Aristocrat Circle, Spencerport, was arraigned today on felony complaints in Rochester City Court before Judge Stephen T. Miller. Alexander was charged with multiple violations of the New York State Tax Law, Class E felonies, for failing to file state personal income tax returns from 2001 through 2007 while having a tax liability in each of those years.
If convicted Alexander faces up to four years in prison on each count.
While under investigation by the Tax Department, Alexander in March and May filed state personal income tax returns for the years in question and admitted earning almost $3.6 million from 2001 through 2007 with a tax liability of $262,766. According to the felony complaint, Alexander made estimated tax payments in those years of only $49,000 leaving $213,766 in unpaid taxes.
The charges are the result of an initiative undertaken by the Department’s Office of Tax Enforcement to identify individuals who have failed to file and remit personal income taxes to the state. The case was investigated by the Special Investigations Unit of the Department’s Rochester District Office.
Acting Commissioner Woodward said, “The Department has increased enforcement efforts against those who fail to file tax returns or deliberately underestimate their liability. Tax cheats force all New Yorkers to shoulder a greater share of the burden, taxes that pay for essential services such as health care, education and transportation. We’re committed to pursuing all tax cheats so that every New Yorker pays a fair share.
“In addition to enhancing its criminal investigations five-fold since October 2007, the department offers programs such as the Voluntary Disclosure and Compliance Program to encourage delinquent taxpayers to become compliant without facing criminal prosecution or civil penalty. It is hoped that this arrest will encourage such taxpayers to come forward and satisfy their tax obligation. For more information about these programs, go to the department’s website at www.nystax.gov.”
Acting Commissioner Woodward thanked Monroe County District Attorney Michael C. Green for his aggressive prosecution of this case.
All of the defendants are presumed to be innocent unless and until proven guilty.
