ONEONTA _ For a second time in less than a year, the state has seized the Country Cubby for nonpayment of more than $125,000 in sales and withholding taxes.
The state Department of Taxation and Finance posted orange notices about the seizure on windows of the stove and fireplace business at 387 Main St. A posted letter signed by Judith Silverman, a tax compliance agent, said action was taken against TMV Inc. at 387 Main St. and the state has imposed a levy on the right, title and interest, which may be sold.
"We are trying to negotiate a settlement with the responsible parties to keep the business open," spokeswoman for the state Department of Taxation and Finance Susan Burns said. However, until an agreement is reached, the doors will remain padlocked and the business closed, she said.
Businesses are responsible for remitting taxes due quarterly, Burns said.
TMV Inc. trades as the Country Cubby, and responsible parties are owners Marion M. Vollweiler and Thomas Vollweiler. The Country Cubby was closed in a seizure last October, and Burns said one outstanding remittance was resolved. But others remain past due, and more warrants for unpaid sales and employee withholding taxes have been filed, she said. Burns said the warrants filed, amounts and dates were:
In Otsego County Court, against TMV Inc. for nonpayment of sales taxes, $51,010.78 on July 10, 2008; for $33,870.03 on June 26, 2009; for nonpayment of withholding tax of $747.63 on March 24, 2009; for nonpayment of withholding tax of $1,272.24 on Oct. 29; and for sales tax due of $4,804.03 on March 24, 2010.
In Chenango County Court, against Marion Vollweiler for nonpayment of sales taxes, $70,539.82 on April 17, 2009; and against Thomas Vollweiler for nonpayment of sales taxes of $73,314.37 on July 2; and against each for nonpayment of personal income tax of $175.41.
Three more warrants were filed against the Vollweilers this year, Burns said. The warrants were filed in Chenango County Court for sales taxes due of $37,692.47 on Dec. 28; and in Otsego County Court for sales taxes due of $4,989.35 and for withholding taxes due of $1,481.80, both on May 26.
City of Oneonta Assessor Mario Arevalo said the property belongs to Robert and Barbara Cohen of Fort Lauderdale, Fla. The Cohens had sold the property to the Vollweilers on Dec. 16, 2005, but Arevalo said it was in the Cohens' name again effective March 3, 2009, according to city property tax records.
Burns said the seizure applies to the assets of TMV Inc. and the Cohens' property isn't jeopardized.