[CLC-Discussion] DOR Referral Needed

[Arnold D. Tritt, Jr.]

Hey Gang:  It's your favorite construction attorney in Jacksonville doing a solid for another member of the CLC. See below an inquiry from Janet Carney Croom, Esquire. 

 

Does anyone have any experience with the DOR or knows of anyone that does?  Please direct all responses to Janet at jcroom at verolaw.com <blocked::mailto:jburgess at verolaw.com> .  Thanks, Arnie.

 

 

 

Hello, Arnie.  

 

I enjoy attending the monthly Construction Law conference calls, and receiving your witty emails.    

 

I need to refer an issue out, and was hopeful you could assist/direct me to the right person.  I have a client that was audited by DOR, and in June received a Notice of Proposed Assessment.  The issue revolves around whether there was a proper application and credit given for sales and use tax while operating a business in an economic opportunity zone.  Specifically, my client sought and was given tax credit for employees that apparently worked less than the statutorily-mandated hours worked requirement (I believe it could be 37 ½ hours).  

 

When my client opened its business, it was approached by a company, which markets itself as helping companies obtain the best economic tax credits.  It is my understanding that this company gathers payroll information from the (my) client, figures out what tax credits would apply to benefit the client, and submits or directs submission of the necessary paperwork to the DOR.  My client relied totally on this company that specializes in this tax area.  

 

This process continued for about 4 years, and my client recently went through the DOR audit mentioned above.  That company requested an informal telephone conference with the auditor, but was unsuccessful in its plea.  That company claimed that "it just needed to get out of the local level", so that that company could access its contacts, who would understand that company's position.  That company is "representing"/defending the Assessment, and back in July, it filed a Petition for Administrative Hearing.  We are told by that company that the case has not been assigned, and this is what they are waiting on.  My client is clearly concerned, as the Proposed Assessment is about $69,000, and interest is accruing daily at about $11 since the June assessment.  We are also told by that company that DEO and Enterprise Florida have been contacted and support my client's position, but no written confirmation has been obtained.

 

I am not convinced that company is equipped to handle this matter/appeal, and the potential loss to my client is fairly substantial.  

 

Is this your type of practice?  If not, can you provide guidance or refer me to a solid person?  Also- I do not know how to get this on the listserv.  Can you help (editing out the top and bottom, of course).  Thank you in advance, and I look forward to your thoughts-Janet

 

Janet Carney Croom, Esquire

                                                           

 

Janet Carney Croom, Esquire

Board Certified - Construction Law 

Board Certified - Business Litigation

Collins, Brown, Caldwell, Barkett, Garavaglia & Lawn, Chartered

756 Beachland Boulevard

Vero Beach, FL  32963

Telephone:  772-231-4343

Fax:  772-234-5213

jcroom at verolaw.com <blocked::mailto:jburgess at verolaw.com> 

http://www.verolaw.com <blocked::mailto:www.cbc at verolaw.com> 

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