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Department of Taxation and Finance

Madison County Business Owner Pays More than $363,500 in Sales Tax Case Remits check for more than $147,000 in latest court appearance on April 3

For Release: Immediate,

For press inquiries only, contact: James Gazzale, 518-457-7377

The New York State Department of Taxation and Finance today announced that the owner of an auto finishing shop in Madison County has paid a total of more than $363,500 in restitution, penalties, and interest to satisfy a plea agreement reached last year.

Thomas Posloski, 57, owner of Pozzie’s Auto Refinishing in Munnsville, NY, remitted a check for $147,453 in Madison County Court on April 3, 2019, bringing the total payment in the case to $363,559.

Posloski operates the auto shop with his spouse Diane Posloski, 54. Both were arrested June 12, 2017, for underreporting revenue and failing to remit sales tax collected from December 1, 2010, to August 31, 2015. They faced felony counts of grand larceny, criminal tax fraud, and offering a false instrument for filing.

Thomas pleaded guilty to a misdemeanor count of criminal tax fraud on April 3, 2018, under the condition that if he abided by the terms of his interim probation and paid taxes owed, plus penalties and interest, he would be allowed to withdraw the plea and have the case adjourned in contemplation of dismissal. His wife Diane pleaded guilty to a felony count of criminal tax fraud and was sentenced to three years of probation.

“Sales tax fraud deprives the state and the communities where these businesses operate of revenue needed for vital services, and forces honest businesses to shoulder the burden,” said John Harford, who leads the New York State Tax Department’s Criminal Investigations Division. “We thank the Madison County DA for prosecuting this case, and will continue to work with all our law enforcement partners to uncover and prosecute these crimes.”

Investigators with the New York State Tax Department’s Criminal Investigations Division, Madison County District Attorney’s Office, and Madison County Sheriff’s Office investigated the case, which began as a referral from the New York State Tax Department’s Audit Division.

Sales tax resources

Registered sales tax vendors can access the Sales Tax Web File webpage for resources to help prepare and file an accurate sales tax return on time. Resources include filing instructions, guidance, videos, and demos.

Assistance for sales tax vendors is also available in six languages, including Spanish, Chinese, Russian, Italian, and Haitian Creole at Welcome new vendors.

Report fraud

New Yorkers aware of sales tax evasion or fraud can anonymously report it online or by phone at 518-457-0578. The Tax Department promptly reviews each complaint and takes corrective action when appropriate.

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