- TAX Refund info by amended returns
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PCN Dir
Mar 30, 2011, 11:06:06 PM3/30/11
to Pilot Communication Net
RE: Filing an amended return for a TAX refund
Because our 2011 Tax deadline is approaching and a number of you have
filed an amended 2007 return for a refund on the over withheld taxes,
and because some may be considering following a similar path for the
recent distributions, I feel it worthwhile to send out this notice.
The first two emails deal with Capt Jim Munton’s Las Vegas CPA. The
last email deals with another Capt’s personal experience with the
amended return. Many of you who may not have look in the past may pick
up valuable information on the web page that I dedicated to Capt
Munton’s efforts. It is located here: http://pcn.homestead.com/Archive_Pens_Munton.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
From: Robert Harlan
Date: 3/30/2011 4:11:25 PM
To: ma...@pilotcommunication.net
Subject: 07 Amended tax return
Hi Mark
With the latest distribution of Delta stock we are all reminded of the
07 distribution and its tax witholdings. A few months ago there were
remarks in the PCN about an accountant, William Whalen, in Nevada who
had found a way to change it into capital gains. I contacted him by e
mail and later by phone. I then sent him the $1250 he required. Since
the check has been cashed I have received NO amended return, NO answer
to emails, and NO answer to his phone. He is not listed in any
directory for Henderson, Nevada, and his listed office address is a
UPS store.
You might want to publish this to let others know.
Rob Harlan
DAL/PAA
From: marks...@gmail.com
To: rha...@msn.com
CC: jwmu...@hotmail.com
Subject: Re: 07 Amended tax return
Rob, I am sorry about the progress. Before you call out the dogs
maybe there is an explanation for all of this. I suggest that you
contact Jim Munton to see what his advice and opinion is. Also I am
getting emails from others who are and have been successful getting
refunds. Anyway good luck about this and I CC Jim Munton because if
there is something fishy afoot I will be happy to spread the word.
And of course take down the page I published on Munton's behalf.
Thanks and good luck,
Mark
From: "jim munton" <jwmu...@hotmail.com>
Date: Mar 30, 2011 6:29 PM
Subject: RE: 07 Amended tax return
To: "Mark Sztanyo" "Bill Whalen" <son...@aol.com>,
<j...@munton.lvcoxmail.com>
Mark...thx for CC'ing me....I have had weekly meetings with Bill
Whalen(my accountant) to keep abreast of DAL pilot status during this
race to 15Apr11(Statute of Limitations date on 2007 DAL errors)---the
last two weeks Whalen has canx the meetings so that he can devote full
attention to getting Returns out to all DAL pilots who have contracted
with him---he told me he has two choices: communicate with all the
pilots or get everyone's Return completed on time...several things
have contributed to this situation---Whalen's SERIOUS health problem
( now partially abated), Whalen got married(planned prior to all of
this), and a heavy influx of last minute pilots wanting to use
Whalen's service( I've had six pilots myself contact me the last two
days)...as an ex-IRS agent, Whalen is ideal for this task
professionally; however, Whalen is a 65 year old guy who was basically
retired working out of his home with only a few select clients....in
retrospect, he should of hired a staff to help him(he has farmed out
alot of work to fellow accountants), but interest in this issue has
just mushroomed as the deadline approaches....Whalen has been my
accountant for last 25-30 years--I still consider him an honest person
who has the DAL pilots interest at heart and I fully expect all pilots
will get their Returns in time to file them before the deadline...I'm
not saying everything was done perfectly, but in the end all DAL
pilots who used Whalen will be as happy as many already are....jim
munton
++++++++++++++++++++++++++++++++++++++++++
From: Linwood Baggett
Date: 3/30/2011 3:02:32 PM
To: rfkl...@verizon.net
Cc: ma...@pilotcommunication.net
Subject: 207 income tax
I filed a 1040x to the IRS office in Austin Texas last June and
received a refund check 3 weeks ago for the full
amount of the taxes withheld plus interest. The address is Department
of the treasury Internal revenue service
Austin Texas 73301-0025
Hope this helps
Merle Baggett- lmb0...@bellsouth.net
++++++++++++++++++++++++++++++++++
Mark Sztanyo
PCN Dir
ma...@pilotcommunication.net
Because our 2011 Tax deadline is approaching and a number of you have
filed an amended 2007 return for a refund on the over withheld taxes,
and because some may be considering following a similar path for the
recent distributions, I feel it worthwhile to send out this notice.
The first two emails deal with Capt Jim Munton’s Las Vegas CPA. The
last email deals with another Capt’s personal experience with the
amended return. Many of you who may not have look in the past may pick
up valuable information on the web page that I dedicated to Capt
Munton’s efforts. It is located here: http://pcn.homestead.com/Archive_Pens_Munton.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
From: Robert Harlan
Date: 3/30/2011 4:11:25 PM
To: ma...@pilotcommunication.net
Subject: 07 Amended tax return
Hi Mark
With the latest distribution of Delta stock we are all reminded of the
07 distribution and its tax witholdings. A few months ago there were
remarks in the PCN about an accountant, William Whalen, in Nevada who
had found a way to change it into capital gains. I contacted him by e
mail and later by phone. I then sent him the $1250 he required. Since
the check has been cashed I have received NO amended return, NO answer
to emails, and NO answer to his phone. He is not listed in any
directory for Henderson, Nevada, and his listed office address is a
UPS store.
You might want to publish this to let others know.
Rob Harlan
DAL/PAA
From: marks...@gmail.com
To: rha...@msn.com
CC: jwmu...@hotmail.com
Subject: Re: 07 Amended tax return
Rob, I am sorry about the progress. Before you call out the dogs
maybe there is an explanation for all of this. I suggest that you
contact Jim Munton to see what his advice and opinion is. Also I am
getting emails from others who are and have been successful getting
refunds. Anyway good luck about this and I CC Jim Munton because if
there is something fishy afoot I will be happy to spread the word.
And of course take down the page I published on Munton's behalf.
Thanks and good luck,
Mark
From: "jim munton" <jwmu...@hotmail.com>
Date: Mar 30, 2011 6:29 PM
Subject: RE: 07 Amended tax return
To: "Mark Sztanyo" "Bill Whalen" <son...@aol.com>,
<j...@munton.lvcoxmail.com>
Mark...thx for CC'ing me....I have had weekly meetings with Bill
Whalen(my accountant) to keep abreast of DAL pilot status during this
race to 15Apr11(Statute of Limitations date on 2007 DAL errors)---the
last two weeks Whalen has canx the meetings so that he can devote full
attention to getting Returns out to all DAL pilots who have contracted
with him---he told me he has two choices: communicate with all the
pilots or get everyone's Return completed on time...several things
have contributed to this situation---Whalen's SERIOUS health problem
( now partially abated), Whalen got married(planned prior to all of
this), and a heavy influx of last minute pilots wanting to use
Whalen's service( I've had six pilots myself contact me the last two
days)...as an ex-IRS agent, Whalen is ideal for this task
professionally; however, Whalen is a 65 year old guy who was basically
retired working out of his home with only a few select clients....in
retrospect, he should of hired a staff to help him(he has farmed out
alot of work to fellow accountants), but interest in this issue has
just mushroomed as the deadline approaches....Whalen has been my
accountant for last 25-30 years--I still consider him an honest person
who has the DAL pilots interest at heart and I fully expect all pilots
will get their Returns in time to file them before the deadline...I'm
not saying everything was done perfectly, but in the end all DAL
pilots who used Whalen will be as happy as many already are....jim
munton
++++++++++++++++++++++++++++++++++++++++++
From: Linwood Baggett
Date: 3/30/2011 3:02:32 PM
To: rfkl...@verizon.net
Cc: ma...@pilotcommunication.net
Subject: 207 income tax
I filed a 1040x to the IRS office in Austin Texas last June and
received a refund check 3 weeks ago for the full
amount of the taxes withheld plus interest. The address is Department
of the treasury Internal revenue service
Austin Texas 73301-0025
Hope this helps
Merle Baggett- lmb0...@bellsouth.net
++++++++++++++++++++++++++++++++++
Mark Sztanyo
PCN Dir
ma...@pilotcommunication.net
PCN Dir
Mar 31, 2011, 7:15:59 PM3/31/11
to Pilot Communication Net
Re: Distribution and Tax emails that may be helpful.
In the first email from Vern time is of the essence so instead of
including these emails in the High Life I have decided to fly them out
in a follow up notice. I thought Tim Carman’s email below was
particularly helpful and hope this info does help the group.
++++++++++++++
From: vern hammett
Date: 03/31/11 10:13:16
To: ma...@pilotcommunication.net
Cc: lmb0...@bellsouth.net; jwmu...@hotmail.com
Subject: taxes
Mark, For everyone's benefit we need to clarify with CPA Whalen and
Captain Munton, if the refund applies to all the taxes withheld on the
distribution or if it is only the FICA (SS) portion or perhaps the
health care portion. My CPA could not find a basis for a refund and
after several conversations with Whalen he said that the refund
applied to only a narrow group of the retired pilots. I do not know
the correct answer. We NEED more information from Linwood Baggett.
Time is of the essence! Please for the sake of all of us pursue this
with Baggett! We are talking thousands of dollars for some of the
retired pilots. Thanks for all your efforts, Vern Hammett
Mark,
Jury's out until everything is completed/refunded/denied/etc., BUT...
I've never had any contact or business with "Bill" Whalen previously,
but
after re-reading of his "exploits" on behalf of other Retired Delta
Pilots
on the web, I decided to contact him to see about re-filing my 2007
Tax
Return. I e-mailed him on the evening of March 23, 2011 inquiring
about
possibility of starting the "re-file" process (my original return was
filed on
April 10, 2008). He e-mailed me back with all the required info 3
hours
later. I committed to him and the process later that same evening via
e-mail
and told him I'd mail him a $1,250 check the next day (March 24). He
deposited the check AND TODAY (March 31st) I received the first of the
two
requested documents, properly completed for my signature. I will mail
that
"Claim for Refund" off to the IRS Austin office tomorrow. That claim,
if it's
successful, will MORE than repay his fee. I expect the other part of
the
process (the actual Amended Return - 1040X) will occur soon.
On first blush, I am VERY impressed by Mr. Whalen. I obviously can't
give
an unqualified endorsement regarding his work quite yet and I'm aware
that
the IRS may deny my claim despite his efforts, but I'm glad I made
the
decision to give it a go. More to follow (good or bad) as the process
continues. Feel free to disseminate to others if you'd like, but
please don't
give out my e-mail address.
Chip Sanches (Retired '05) roi...@aol.com
From: David Eastis
Date: 03/31/11 11:23:27
To: marks...@gmail.com
Subject: 2007 returns
Mark,
Hope you are well and enjoying your new job. Being woefully behind
everything, I read your email this am re: 2007 amended returns. Did
you do this? Any luck? Reading the last of Jim's letters, it appears
we cannot get anything back with the stock distribution (maybe
medical??). I sold my shares in 2009...deadline this April 15th??
If you have a moment and care to discuss/catchup, please call.
Thanks, David Eastis
205-919-0711
PS Still flying Hawker and just finished my 3rd trip to Europe
(Portugal). 16 hours on duty, 11:20 day, 3 legs, Lisbon to Goose:
6:19, no relief pilot, no crew rest, no upstairs bunk room....boy do I
miss Delta!!!!
Editor: No David I didn’t do the amendment, but here attached we see
many others did.
From: lawrence Brackett
Date: 03/31/11 11:08:31
To: ma...@pilotcommunication.net
Cc: jwmu...@hotmail.com
Subject: Bill Whalen - Amended 2007 tax returns
Mark,
I have never met Jim Munton, or Bill Whalen, but thanks to Jim Munton
I asked Bill Whalen to prepare an amended 2007 tax return for me on
Dec. 1, 2010. It was rather long wait , as I am sure Mr. Whalen has
been overwhelmed with requests. I have also been frustrated by the
lack of communication, and inability to get answers from him over the
last 4 months, but I received the IRS form to re-coup the medicare
tax, and social security tax just before the Jan. 31 deadline, and
received the amended 2007 tax return for submission about March 10,
2011.
I only pass this along for forwarding to DAL/PAA pilot Rob Harlan, to
re-assure him as to Bill Whalen's fulfilment of his obligation. I am
sure he will receive his amended tax return if Mr. Whalen took his
case. I am extremely pleased with what Mr. Whalen has done for me,
even though I have not had time for an answer from the IRS yet.
To top it off, I have not received a bill from Mr. Whalen yet, but
will gladly make out the check
when I receive the bill.
Larry Brackett
From: Tim Carman
Date: 03/31/11 14:52:51
To: ma...@pilotcommunication.net
Subject: Tax Refund
I just thought I would pass along my dealings with William Whalen and
the amended tax return.
As it turns out, it is past the deadline to get your social security
refund and medicare refund. That expired on or about January 31st. The
only refund you can get back now is the federal tax.
Well, what nobody has told anybody is that you will get your refund
back for taxes on wages BUT you will be liable to pay capital gains
taxes on the funds that you received from Delta. It winds up being a
push tax wise and in fact will cost you the $1250 above and beyond
that! Mr. Whalen agreed with this turn of events.
The only way it is profitable is if Mr. Whalen charges nothing OR you
get back the Social Security & Medicare taxes which you can't do.
I sent all the appropriate documents to Mr. Whalen along with a check
for $1250. When all of this new information came to light, I contacted
Mr. Whalen via email and asked for my documents back and a refund for
the $1250. I received a package from him in a timely manner and
dropped the issue of pursuing the tax refund.
Hope this helps some you.
Tim Carman
Captain 767 DFW Retired
T.Ca...@juno.com
Donald Steinway
Email dwste...@msn.com
Issue Area - General
Comments - Mark,
I just received a statement from Delta indicating the amount that has
been deposited with Fidelity from the final settlement. Included are
deductions for various taxes. Among these are FICA-MED, FICA-OASDI and
FED INC TX. Is this not a repeat of the '07 situation?
Since this has been successfully contested with the IRS by several
retirees, why has it not been brought to Delta's attention that these
deductions are in error? It should be Delta's responsibility to
correct this mistake, not the individual pilot. This can be an
expensive, time consuming process which should be totally unnecessary.
Editor: Yes it does appear to be a repeat of 2007. And many have tried
to bring it to Delta’s attention.
From: Geert Frank
Date: 3/31/2011 5:21:55 PM
To: ma...@pilotcommunication.net
Subject: funds received via Fidelity
Hi Mark, hope this is the way to get this to you, if not please let me
know.
This is Geert Frank ( L-15 1991) in the first group to get the
lumpsum. Today (3-31-11) I received a blue "Payroll Account" form in
the mail from Delta Payroll.
The amount deposited into the account created for me with Fidelity
received $ 4336.62 an amount that would vary, since it represented the
stock value at time of deposit.
I sold the above stocks for today's $ 9.80 per share, paid a fee of $
32.95. Far less, if I recall than last transaction ! It will be next
week before I receive the actual check in the mail. The phone number
for Fidelity is 1-800-544-6666. To be honest, I had misplaced all
account info, password and what have you, but they were very helpful
in helping me get all that back.
The gross amount was actually $ 6350.30, but Delta in their
sanctimonious way had already deducted FICA. FICA OASDI (?) and income
tax to the tune of $ 2013.68.
All told. This of course made me feel much better, since I have had
tax refunds from the I R S since I retired.
This brings up another small financial blooper on their part. August
of last year I received word that one of the quarterly checks Delta
pays or some medical make-up, had not been cashed and would I like a
replacement? I filled out the form in August 2010 and am still waiting
for the replacement check. We speak here of only just under
$ 300, but still. I have written three polite reminders to no avail
whatsoever.
Finally, nothing to do with Delta, but with Northwest, also known for
their fair treatment of their employees. I bought at least three full
fare tickets on Northwest, Boston to Amsterdam. Including of course
those horrible security taxes. I had open heart surgery and needed to
cancel those tickets. I supplied the proper documents from the
surgeons. They forgave the price of the tickets, but never repaid the
three amounts paid for taxes and security. Where did that money go?
Anyway, enough here to brighten up your day, eh what? Til next time,
Geert Frank
storc...@comcast.net
> Merle Baggett- lmb010...@bellsouth.net
In the first email from Vern time is of the essence so instead of
including these emails in the High Life I have decided to fly them out
in a follow up notice. I thought Tim Carman’s email below was
particularly helpful and hope this info does help the group.
++++++++++++++
From: vern hammett
Date: 03/31/11 10:13:16
To: ma...@pilotcommunication.net
Cc: lmb0...@bellsouth.net; jwmu...@hotmail.com
Subject: taxes
Mark, For everyone's benefit we need to clarify with CPA Whalen and
Captain Munton, if the refund applies to all the taxes withheld on the
distribution or if it is only the FICA (SS) portion or perhaps the
health care portion. My CPA could not find a basis for a refund and
after several conversations with Whalen he said that the refund
applied to only a narrow group of the retired pilots. I do not know
the correct answer. We NEED more information from Linwood Baggett.
Time is of the essence! Please for the sake of all of us pursue this
with Baggett! We are talking thousands of dollars for some of the
retired pilots. Thanks for all your efforts, Vern Hammett
Mark,
Jury's out until everything is completed/refunded/denied/etc., BUT...
I've never had any contact or business with "Bill" Whalen previously,
but
after re-reading of his "exploits" on behalf of other Retired Delta
Pilots
on the web, I decided to contact him to see about re-filing my 2007
Tax
Return. I e-mailed him on the evening of March 23, 2011 inquiring
about
possibility of starting the "re-file" process (my original return was
filed on
April 10, 2008). He e-mailed me back with all the required info 3
hours
later. I committed to him and the process later that same evening via
and told him I'd mail him a $1,250 check the next day (March 24). He
deposited the check AND TODAY (March 31st) I received the first of the
two
requested documents, properly completed for my signature. I will mail
that
"Claim for Refund" off to the IRS Austin office tomorrow. That claim,
if it's
successful, will MORE than repay his fee. I expect the other part of
the
process (the actual Amended Return - 1040X) will occur soon.
On first blush, I am VERY impressed by Mr. Whalen. I obviously can't
give
an unqualified endorsement regarding his work quite yet and I'm aware
that
the IRS may deny my claim despite his efforts, but I'm glad I made
the
decision to give it a go. More to follow (good or bad) as the process
continues. Feel free to disseminate to others if you'd like, but
please don't
give out my e-mail address.
Chip Sanches (Retired '05) roi...@aol.com
From: David Eastis
Date: 03/31/11 11:23:27
To: marks...@gmail.com
Subject: 2007 returns
Mark,
Hope you are well and enjoying your new job. Being woefully behind
everything, I read your email this am re: 2007 amended returns. Did
you do this? Any luck? Reading the last of Jim's letters, it appears
we cannot get anything back with the stock distribution (maybe
medical??). I sold my shares in 2009...deadline this April 15th??
If you have a moment and care to discuss/catchup, please call.
Thanks, David Eastis
205-919-0711
PS Still flying Hawker and just finished my 3rd trip to Europe
(Portugal). 16 hours on duty, 11:20 day, 3 legs, Lisbon to Goose:
6:19, no relief pilot, no crew rest, no upstairs bunk room....boy do I
miss Delta!!!!
Editor: No David I didn’t do the amendment, but here attached we see
many others did.
From: lawrence Brackett
Date: 03/31/11 11:08:31
To: ma...@pilotcommunication.net
Cc: jwmu...@hotmail.com
Subject: Bill Whalen - Amended 2007 tax returns
Mark,
I have never met Jim Munton, or Bill Whalen, but thanks to Jim Munton
I asked Bill Whalen to prepare an amended 2007 tax return for me on
Dec. 1, 2010. It was rather long wait , as I am sure Mr. Whalen has
been overwhelmed with requests. I have also been frustrated by the
lack of communication, and inability to get answers from him over the
last 4 months, but I received the IRS form to re-coup the medicare
tax, and social security tax just before the Jan. 31 deadline, and
received the amended 2007 tax return for submission about March 10,
2011.
I only pass this along for forwarding to DAL/PAA pilot Rob Harlan, to
re-assure him as to Bill Whalen's fulfilment of his obligation. I am
sure he will receive his amended tax return if Mr. Whalen took his
case. I am extremely pleased with what Mr. Whalen has done for me,
even though I have not had time for an answer from the IRS yet.
To top it off, I have not received a bill from Mr. Whalen yet, but
will gladly make out the check
when I receive the bill.
Larry Brackett
From: Tim Carman
Date: 03/31/11 14:52:51
To: ma...@pilotcommunication.net
Subject: Tax Refund
I just thought I would pass along my dealings with William Whalen and
the amended tax return.
As it turns out, it is past the deadline to get your social security
refund and medicare refund. That expired on or about January 31st. The
only refund you can get back now is the federal tax.
Well, what nobody has told anybody is that you will get your refund
back for taxes on wages BUT you will be liable to pay capital gains
taxes on the funds that you received from Delta. It winds up being a
push tax wise and in fact will cost you the $1250 above and beyond
that! Mr. Whalen agreed with this turn of events.
The only way it is profitable is if Mr. Whalen charges nothing OR you
get back the Social Security & Medicare taxes which you can't do.
I sent all the appropriate documents to Mr. Whalen along with a check
for $1250. When all of this new information came to light, I contacted
Mr. Whalen via email and asked for my documents back and a refund for
the $1250. I received a package from him in a timely manner and
dropped the issue of pursuing the tax refund.
Hope this helps some you.
Tim Carman
Captain 767 DFW Retired
T.Ca...@juno.com
Donald Steinway
Email dwste...@msn.com
Issue Area - General
Comments - Mark,
I just received a statement from Delta indicating the amount that has
been deposited with Fidelity from the final settlement. Included are
deductions for various taxes. Among these are FICA-MED, FICA-OASDI and
FED INC TX. Is this not a repeat of the '07 situation?
Since this has been successfully contested with the IRS by several
retirees, why has it not been brought to Delta's attention that these
deductions are in error? It should be Delta's responsibility to
correct this mistake, not the individual pilot. This can be an
expensive, time consuming process which should be totally unnecessary.
Editor: Yes it does appear to be a repeat of 2007. And many have tried
to bring it to Delta’s attention.
From: Geert Frank
Date: 3/31/2011 5:21:55 PM
To: ma...@pilotcommunication.net
Subject: funds received via Fidelity
Hi Mark, hope this is the way to get this to you, if not please let me
know.
This is Geert Frank ( L-15 1991) in the first group to get the
lumpsum. Today (3-31-11) I received a blue "Payroll Account" form in
the mail from Delta Payroll.
The amount deposited into the account created for me with Fidelity
received $ 4336.62 an amount that would vary, since it represented the
stock value at time of deposit.
I sold the above stocks for today's $ 9.80 per share, paid a fee of $
32.95. Far less, if I recall than last transaction ! It will be next
week before I receive the actual check in the mail. The phone number
for Fidelity is 1-800-544-6666. To be honest, I had misplaced all
account info, password and what have you, but they were very helpful
in helping me get all that back.
The gross amount was actually $ 6350.30, but Delta in their
sanctimonious way had already deducted FICA. FICA OASDI (?) and income
tax to the tune of $ 2013.68.
All told. This of course made me feel much better, since I have had
tax refunds from the I R S since I retired.
This brings up another small financial blooper on their part. August
of last year I received word that one of the quarterly checks Delta
pays or some medical make-up, had not been cashed and would I like a
replacement? I filled out the form in August 2010 and am still waiting
for the replacement check. We speak here of only just under
$ 300, but still. I have written three polite reminders to no avail
whatsoever.
Finally, nothing to do with Delta, but with Northwest, also known for
their fair treatment of their employees. I bought at least three full
fare tickets on Northwest, Boston to Amsterdam. Including of course
those horrible security taxes. I had open heart surgery and needed to
cancel those tickets. I supplied the proper documents from the
surgeons. They forgave the price of the tickets, but never repaid the
three amounts paid for taxes and security. Where did that money go?
Anyway, enough here to brighten up your day, eh what? Til next time,
Geert Frank
storc...@comcast.net
> From: markszta...@gmail.com
> To: rhar...@msn.com
> CC: jwmun...@hotmail.com
> Subject: Re: 07 Amended tax return
> Rob, I am sorry about the progress. Before you call out the dogs
> maybe there is an explanation for all of this. I suggest that you
> contact Jim Munton to see what his advice and opinion is. Also I am
> getting emails from others who are and have been successful getting
> refunds. Anyway good luck about this and I CC Jim Munton because if
> there is something fishy afoot I will be happy to spread the word.
> And of course take down the page I published on Munton's behalf.
> Thanks and good luck,
> Mark
>
> To: rhar...@msn.com
> CC: jwmun...@hotmail.com
> Subject: Re: 07 Amended tax return
> Rob, I am sorry about the progress. Before you call out the dogs
> maybe there is an explanation for all of this. I suggest that you
> contact Jim Munton to see what his advice and opinion is. Also I am
> getting emails from others who are and have been successful getting
> refunds. Anyway good luck about this and I CC Jim Munton because if
> there is something fishy afoot I will be happy to spread the word.
> And of course take down the page I published on Munton's behalf.
> Thanks and good luck,
> Mark
>
> ++++++++++++++++++++++++++++++++++
>
> Mark Sztanyo
> PCN Dir
> m...@pilotcommunication.net>
> Mark Sztanyo
> PCN Dir
PCN Dir
Apr 1, 2011, 7:35:09 AM4/1/11
to Pilot Communication Net
RE: A question by Capt Hammett
Maybe some of you who have received refunds could respond directly to
Capt Hammett about his question. Vern I would ask that if you receive
some further info to report back and I will fly it out. Thanks all.
Mark
++++++++++++++++++++
From: Vern Hammett
Date: 04/01/11 00:03:30
To: ma...@pilotcommunication.net
Cc: Ed McElroy; son...@aol.com
Subject: apples and oranges
Mark,
First thank you for your prompt and informative gathering of e-
mails regarding the "tax refund."
With all the integration in the pilot group due to contracts,
mergers and acquisitions, I fear that we may have an "apples and
oranges" thing going on here.
I contacted Whalen in November and ask about the possibility of
filing an amended return for myself (RD pre-72) and several other DFW
pilots (RD post-72.) After several exchanges about Whalen's research
he concluded that the stock distribution for unqualified retirement
income (from the company treasury) did not qualify the same as the
stock distribution for medical insurance. Here is where my
understanding gets muddled. I do not think the DAL pilots received the
same distribution for medical insurance as the WAL/DAL pilots. Most of
the pilots Whalen initially helped were in Nevada and I assumed were
WAL/DAL. Now that we have pilots filing in the Austin region (where I
file) I would like to know their employment background.
As I stated earlier we have several types of taxes involved and
multiple classes of pilots due to the number of integrations and
contracts.
Please ask the pilots who comment on tax refunds to give their
airline genealogy and specifically what tax(es) were refunded.
Thanks again for all you do for the retired pilots, Vern
vern.h...@gmail.com
Earlier email from Vern and Jim’s reply.
Date: Thu, 31 Mar 2011 08:37:11 -0500
Subject: taxes
From: vern.h...@gmail.com
To: ma...@pilotcommunication.net
CC: lmb0...@bellsouth.net; jwmu...@hotmail.com
Mark, For everyone's benefit we need to clarify with CPA Whalen and
Captain Munton, if the refund applies to all the taxes withheld on the
distribution or if it is only the FICA (SS) portion or perhaps the
health care portion. My CPA could not find a basis for a refund and
after several conversations with Whalen he said that the refund
applied to only a narrow group of the retired pilots. I do not know
the correct answer. We NEED more information from Linwood Baggett.
Time is of the essence! Please for the sake of all of us pursue this
with Baggett! We are talking thousands of dollars for some of the
retired pilots. Thanks for all your efforts, Vern Hammett
vern.h...@gmail.com
From: jim munton
Date: 3/31/2011 12:44:41 PM
To: vern.h...@gmail.com; Mark Sztanyo
Subject: RE: taxes
Vern...Whalen got my refund( $6,000--others about the same) by getting
the IRS to change DAL's WAGES TO LONG TERM CAPITAL GAINS on lost
Medical Insurance only through negotiations(2 1/2 years
worth)...LTCG's was taxed at 15% in 2007....FICA and MEDICARE issue is
seperate and still winnable....this is not a simple issue and reason
many pilot's CPA's have sent them to ex-IRS agent Whalen...jim munton
Another misc emails:
Mark, for what it is worth, I sent my stuff to Mr. Whalen shortly
after I read about him on the network. That was some time back. He
responded in a very timely manor telling me, after reviewing my
documents, that he could not help me. He did not charge me for the
review. Last minute people need to get off his case. I am on Tricare
and went to the IRS in the initial days of this fiasco. I hope people
understand that, as i perceive it, Mr, Whalen who I do not know, is
doing his best for those who have contacted him, some albeit it, very
late Regards, WeaZel. wea...@att.net
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> Chip Sanches (Retired '05) roid...@aol.com
> T.Car...@juno.com
>
> Donald Steinway
> Email dwstein...@msn.com
> for Fidelity is1-800-544-6666begin_of_the_skype_highlighting 1-800-544-6666 end_of_the_skype_highlighting. To be honest, I had misplaced all
>
> read more »- Hide quoted text -
>
> - Show quoted text -
Maybe some of you who have received refunds could respond directly to
Capt Hammett about his question. Vern I would ask that if you receive
some further info to report back and I will fly it out. Thanks all.
Mark
++++++++++++++++++++
From: Vern Hammett
Date: 04/01/11 00:03:30
To: ma...@pilotcommunication.net
Cc: Ed McElroy; son...@aol.com
Subject: apples and oranges
Mark,
First thank you for your prompt and informative gathering of e-
mails regarding the "tax refund."
With all the integration in the pilot group due to contracts,
mergers and acquisitions, I fear that we may have an "apples and
oranges" thing going on here.
I contacted Whalen in November and ask about the possibility of
filing an amended return for myself (RD pre-72) and several other DFW
pilots (RD post-72.) After several exchanges about Whalen's research
he concluded that the stock distribution for unqualified retirement
income (from the company treasury) did not qualify the same as the
stock distribution for medical insurance. Here is where my
understanding gets muddled. I do not think the DAL pilots received the
same distribution for medical insurance as the WAL/DAL pilots. Most of
the pilots Whalen initially helped were in Nevada and I assumed were
WAL/DAL. Now that we have pilots filing in the Austin region (where I
file) I would like to know their employment background.
As I stated earlier we have several types of taxes involved and
multiple classes of pilots due to the number of integrations and
contracts.
Please ask the pilots who comment on tax refunds to give their
airline genealogy and specifically what tax(es) were refunded.
Thanks again for all you do for the retired pilots, Vern
vern.h...@gmail.com
Earlier email from Vern and Jim’s reply.
Date: Thu, 31 Mar 2011 08:37:11 -0500
Subject: taxes
From: vern.h...@gmail.com
To: ma...@pilotcommunication.net
CC: lmb0...@bellsouth.net; jwmu...@hotmail.com
Mark, For everyone's benefit we need to clarify with CPA Whalen and
Captain Munton, if the refund applies to all the taxes withheld on the
distribution or if it is only the FICA (SS) portion or perhaps the
health care portion. My CPA could not find a basis for a refund and
after several conversations with Whalen he said that the refund
applied to only a narrow group of the retired pilots. I do not know
the correct answer. We NEED more information from Linwood Baggett.
Time is of the essence! Please for the sake of all of us pursue this
with Baggett! We are talking thousands of dollars for some of the
retired pilots. Thanks for all your efforts, Vern Hammett
From: jim munton
Date: 3/31/2011 12:44:41 PM
To: vern.h...@gmail.com; Mark Sztanyo
Subject: RE: taxes
Vern...Whalen got my refund( $6,000--others about the same) by getting
the IRS to change DAL's WAGES TO LONG TERM CAPITAL GAINS on lost
Medical Insurance only through negotiations(2 1/2 years
worth)...LTCG's was taxed at 15% in 2007....FICA and MEDICARE issue is
seperate and still winnable....this is not a simple issue and reason
many pilot's CPA's have sent them to ex-IRS agent Whalen...jim munton
Another misc emails:
Mark, for what it is worth, I sent my stuff to Mr. Whalen shortly
after I read about him on the network. That was some time back. He
responded in a very timely manor telling me, after reviewing my
documents, that he could not help me. He did not charge me for the
review. Last minute people need to get off his case. I am on Tricare
and went to the IRS in the initial days of this fiasco. I hope people
understand that, as i perceive it, Mr, Whalen who I do not know, is
doing his best for those who have contacted him, some albeit it, very
late Regards, WeaZel. wea...@att.net
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
> From: David Eastis
> Date: 03/31/11 11:23:27
> To: markszta...@gmail.com
> Subject: 2007 returns
>
> Mark,
> Hope you are well and enjoying your new job. Being woefully behind
> everything, I read your email this am re: 2007 amended returns. Did
> you do this? Any luck? Reading the last of Jim's letters, it appears
> we cannot get anything back with the stock distribution (maybe
> medical??). I sold my shares in 2009...deadline this April 15th??
> If you have a moment and care to discuss/catchup, please call.
> Thanks, David Eastis205-919-0711begin_of_the_skype_highlighting 205-919-0711 end_of_the_skype_highlighting
> From: David Eastis
> Date: 03/31/11 11:23:27
> To: markszta...@gmail.com
> Subject: 2007 returns
>
> Mark,
> Hope you are well and enjoying your new job. Being woefully behind
> everything, I read your email this am re: 2007 amended returns. Did
> you do this? Any luck? Reading the last of Jim's letters, it appears
> we cannot get anything back with the stock distribution (maybe
> medical??). I sold my shares in 2009...deadline this April 15th??
> If you have a moment and care to discuss/catchup, please call.
>
> Donald Steinway
> Email dwstein...@msn.com
> account info, password and what have you, but they were very helpful
> in helping me get all that back.
> The gross amount was actually $ 6350.30, but Delta in their
> sanctimonious way had already deducted FICA. FICA OASDI (?) and income
> tax to the tune of $ 2013.68.
> All told. This of course made me feel much better, since I have had
> tax refunds from the I R S since I retired.
> This brings up another small financial blooper on their part. August
> of last year I received word that one of the quarterly checks Delta
> pays or some medical make-up, had not been cashed and would I like a
> replacement? I filled out the form in August 2010 and am still waiting
> for the replacement check. We speak here of only just under
> $ 300, but still. I have written three polite reminders to no avail
> whatsoever.
> Finally, nothing to do with Delta, but with Northwest, also known for
> their fair treatment of their employees. I bought at least three full
> fare tickets on Northwest, Boston to Amsterdam. Including of course
> those horrible security taxes. I had open heart surgery and needed to
> cancel those tickets. I supplied the proper documents from the
> surgeons. They forgave the price of the tickets, but never repaid the
> three amounts paid for taxes and security. Where did that money go?
> Anyway, enough here to brighten up your day, eh what? Til next time,
> Geert Frank
> storchpi...@comcast.net
> in helping me get all that back.
> The gross amount was actually $ 6350.30, but Delta in their
> sanctimonious way had already deducted FICA. FICA OASDI (?) and income
> tax to the tune of $ 2013.68.
> All told. This of course made me feel much better, since I have had
> tax refunds from the I R S since I retired.
> This brings up another small financial blooper on their part. August
> of last year I received word that one of the quarterly checks Delta
> pays or some medical make-up, had not been cashed and would I like a
> replacement? I filled out the form in August 2010 and am still waiting
> for the replacement check. We speak here of only just under
> $ 300, but still. I have written three polite reminders to no avail
> whatsoever.
> Finally, nothing to do with Delta, but with Northwest, also known for
> their fair treatment of their employees. I bought at least three full
> fare tickets on Northwest, Boston to Amsterdam. Including of course
> those horrible security taxes. I had open heart surgery and needed to
> cancel those tickets. I supplied the proper documents from the
> surgeons. They forgave the price of the tickets, but never repaid the
> three amounts paid for taxes and security. Where did that money go?
> Anyway, enough here to brighten up your day, eh what? Til next time,
> Geert Frank
>
> On Mar 30, 11:06 pm, PCN Dir <m...@pilotcommunication.net> wrote:
>
>
>
> > RE: Filing an amended return for a TAX refund
>
> > Because our 2011 Tax deadline is approaching and a number of you have
> > filed an amended 2007 return for a refund on the over withheld taxes,
> > and because some may be considering following a similar path for the
> > recent distributions, I feel it worthwhile to send out this notice.
> > The first two emails deal with Capt Jim Munton’s Las Vegas CPA. The
> > last email deals with another Capt’s personal experience with the
> > amended return. Many of you who may not have look in the past may pick
> > up valuable information on the web page that I dedicated to Capt
> > Munton’s efforts. It is located here:http://pcn.homestead.com/Archive_Pens_Munton.html
>
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
> > From: Robert Harlan
> > Date: 3/30/2011
>
> ...
> On Mar 30, 11:06 pm, PCN Dir <m...@pilotcommunication.net> wrote:
>
>
>
> > RE: Filing an amended return for a TAX refund
>
> > Because our 2011 Tax deadline is approaching and a number of you have
> > filed an amended 2007 return for a refund on the over withheld taxes,
> > and because some may be considering following a similar path for the
> > recent distributions, I feel it worthwhile to send out this notice.
> > The first two emails deal with Capt Jim Munton’s Las Vegas CPA. The
> > last email deals with another Capt’s personal experience with the
> > amended return. Many of you who may not have look in the past may pick
> > up valuable information on the web page that I dedicated to Capt
> > Munton’s efforts. It is located here:http://pcn.homestead.com/Archive_Pens_Munton.html
>
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
> > From: Robert Harlan
> > Date: 3/30/2011
>
>
> read more »- Hide quoted text -
>
> - Show quoted text -
PCN Dir
Apr 1, 2011, 7:43:27 AM4/1/11
to Pilot Communication Net
RE: One more informative email from Jean I missed in my inbox. Mark
++++++++++++++++++++++++++
From: "Jean Cinotto" <jeanc...@sbcglobal.net>
Date: Mar 31, 2011 10:32 PM
Subject: 2007 taxes
To: <ma...@pilotcommunication.net>
Mark,
Delta treated the settlement for the healthcare as if it were wages.
It wasn't. Retired pilots did not receive wages. It was a settlement
for the loss of future healthcare that was a part of your contract.
Pilots paid federal and state taxes, social security tax and medicare
tax on this settlement as if it were wages--all because Delta did not
do it right. (First they took your healthcare, then they tried to make
sure the government took a portion of what they were required to pay
via the bankruptcy court. However, thanks to Jim Munton and his
accountant, Bill Whalen, pilots have a remedy. See what one determined
person with professional expertise can do to make something right?)
Retired pilots who do file an amended return will pay taxes on the
amount received, but it will be capital gains taxes as opposed to
taxes on wages. For most, this should be a lower amount. Also, the ss
and medicare tax should not have been deducted either and should be
recouped. You should still be able to file to get these back.
One other confusing issue is that many sold their stock in 2007 and it
has been referred to as the stock sold. You did NOT have to sell your
stock in 2007 to file an amended return.
Retired pilots will have the same problem with the latest
distribution. Delta repeated their mistake and the retired pilots will
once again have to straighten it out for them when they file their
taxes. If you think this is just Delta treating you poorly because
you're retired, think again. I'm still an active flight attendant and
they've changed my frozen pension plan three times since it was frozen
and every time it has impacted employees negatively.
Jean Marie Cinotto
active flight attendant
spouse of Gary Cinotto
jeanc...@sbcglobal.net
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> Chip Sanches (Retired '05) roid...@aol.com
> for Fidelity is1-800-544-6666begin_of_the_skype_highlighting 1-800-544-6666 end_of_the_skype_highlighting. To be honest, I had misplaced all
++++++++++++++++++++++++++
From: "Jean Cinotto" <jeanc...@sbcglobal.net>
Date: Mar 31, 2011 10:32 PM
Subject: 2007 taxes
To: <ma...@pilotcommunication.net>
Mark,
Delta treated the settlement for the healthcare as if it were wages.
It wasn't. Retired pilots did not receive wages. It was a settlement
for the loss of future healthcare that was a part of your contract.
Pilots paid federal and state taxes, social security tax and medicare
tax on this settlement as if it were wages--all because Delta did not
do it right. (First they took your healthcare, then they tried to make
sure the government took a portion of what they were required to pay
via the bankruptcy court. However, thanks to Jim Munton and his
accountant, Bill Whalen, pilots have a remedy. See what one determined
person with professional expertise can do to make something right?)
Retired pilots who do file an amended return will pay taxes on the
amount received, but it will be capital gains taxes as opposed to
taxes on wages. For most, this should be a lower amount. Also, the ss
and medicare tax should not have been deducted either and should be
recouped. You should still be able to file to get these back.
One other confusing issue is that many sold their stock in 2007 and it
has been referred to as the stock sold. You did NOT have to sell your
stock in 2007 to file an amended return.
Retired pilots will have the same problem with the latest
distribution. Delta repeated their mistake and the retired pilots will
once again have to straighten it out for them when they file their
taxes. If you think this is just Delta treating you poorly because
you're retired, think again. I'm still an active flight attendant and
they've changed my frozen pension plan three times since it was frozen
and every time it has impacted employees negatively.
Jean Marie Cinotto
active flight attendant
spouse of Gary Cinotto
jeanc...@sbcglobal.net
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
> From: David Eastis
> Date: 03/31/11 11:23:27
> To: markszta...@gmail.com
> Subject: 2007 returns
>
> Mark,
> Hope you are well and enjoying your new job. Being woefully behind
> everything, I read your email this am re: 2007 amended returns. Did
> you do this? Any luck? Reading the last of Jim's letters, it appears
> we cannot get anything back with the stock distribution (maybe
> medical??). I sold my shares in 2009...deadline this April 15th??
> If you have a moment and care to discuss/catchup, please call.
> Thanks, David Eastis205-919-0711begin_of_the_skype_highlighting 205-919-0711 end_of_the_skype_highlighting
> From: David Eastis
> Date: 03/31/11 11:23:27
> To: markszta...@gmail.com
> Subject: 2007 returns
>
> Mark,
> Hope you are well and enjoying your new job. Being woefully behind
> everything, I read your email this am re: 2007 amended returns. Did
> you do this? Any luck? Reading the last of Jim's letters, it appears
> we cannot get anything back with the stock distribution (maybe
> medical??). I sold my shares in 2009...deadline this April 15th??
> If you have a moment and care to discuss/catchup, please call.
> account info, password and what have you, but they were very helpful
> in helping me get all that back.
> The gross amount was actually $ 6350.30, but Delta in their
> sanctimonious way had already deducted FICA. FICA OASDI (?) and income
> tax to the tune of $ 2013.68.
> All told. This of course made me feel much better, since I have had
> tax refunds from the I R S since I retired.
> This brings up another small financial blooper on their part. August
> of last year I received word that one of the quarterly checks Delta
> pays or some medical make-up, had not been cashed and would I like a
> replacement? I filled out the form in August 2010 and am still waiting
> for the replacement check. We speak here of only just under
> $ 300, but still. I have written three polite reminders to no avail
> whatsoever.
> Finally, nothing to do with Delta, but with Northwest, also known for
> their fair treatment of their employees. I bought at least three full
> fare tickets on Northwest, Boston to Amsterdam. Including of course
> those horrible security taxes. I had open heart surgery and needed to
> cancel those tickets. I supplied the proper documents from the
> surgeons. They forgave the price of the tickets, but never repaid the
> three amounts paid for taxes and security. Where did that money go?
> Anyway, enough here to brighten up your day, eh what? Til next time,
> Geert Frank
> storchpi...@comcast.net
> in helping me get all that back.
> The gross amount was actually $ 6350.30, but Delta in their
> sanctimonious way had already deducted FICA. FICA OASDI (?) and income
> tax to the tune of $ 2013.68.
> All told. This of course made me feel much better, since I have had
> tax refunds from the I R S since I retired.
> This brings up another small financial blooper on their part. August
> of last year I received word that one of the quarterly checks Delta
> pays or some medical make-up, had not been cashed and would I like a
> replacement? I filled out the form in August 2010 and am still waiting
> for the replacement check. We speak here of only just under
> $ 300, but still. I have written three polite reminders to no avail
> whatsoever.
> Finally, nothing to do with Delta, but with Northwest, also known for
> their fair treatment of their employees. I bought at least three full
> fare tickets on Northwest, Boston to Amsterdam. Including of course
> those horrible security taxes. I had open heart surgery and needed to
> cancel those tickets. I supplied the proper documents from the
> surgeons. They forgave the price of the tickets, but never repaid the
> three amounts paid for taxes and security. Where did that money go?
> Anyway, enough here to brighten up your day, eh what? Til next time,
> Geert Frank
>
> On Mar 30, 11:06 pm, PCN Dir <m...@pilotcommunication.net> wrote:
>
>
>
> > RE: Filing an amended return for a TAX refund
>
> > Because our 2011 Tax deadline is approaching and a number of you have
> > filed an amended 2007 return for a refund on the over withheld taxes,
> > and because some may be considering following a similar path for the
> > recent distributions, I feel it worthwhile to send out this notice.
> > The first two emails deal with Capt Jim Munton’s Las Vegas CPA. The
> > last email deals with another Capt’s personal experience with the
> > amended return. Many of you who may not have look in the past may pick
> > up valuable information on the web page that I dedicated to Capt
> > Munton’s efforts. It is located here:http://pcn.homestead.com/Archive_Pens_Munton.html
>
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
> > From: Robert Harlan
> > Date: 3/30/2011
>
> On Mar 30, 11:06 pm, PCN Dir <m...@pilotcommunication.net> wrote:
>
>
>
> > RE: Filing an amended return for a TAX refund
>
> > Because our 2011 Tax deadline is approaching and a number of you have
> > filed an amended 2007 return for a refund on the over withheld taxes,
> > and because some may be considering following a similar path for the
> > recent distributions, I feel it worthwhile to send out this notice.
> > The first two emails deal with Capt Jim Munton’s Las Vegas CPA. The
> > last email deals with another Capt’s personal experience with the
> > amended return. Many of you who may not have look in the past may pick
> > up valuable information on the web page that I dedicated to Capt
> > Munton’s efforts. It is located here:http://pcn.homestead.com/Archive_Pens_Munton.html
>
> > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
>
> > From: Robert Harlan
> > Date: 3/30/2011
>
PCN Dir
Apr 7, 2011, 4:46:16 PM4/7/11
to Pilot Communication Net
Below is another email concerning the over withholding. Jean Marie
has provided some very helpful info in the past and I thought this one
may be of interest to our group as well. Mark
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Jean Marie Cinotto
Email jeanc...@sbcglobal.net
Issue Area - Pension
Comments - Mark,
You may want to post this story to the pilots asap. It is an outside
case in Gadsden, AL concerning the unjust withholding of Social
Security taxes. Pilots should note the 3 year window of 2002 to 2005
and they subsequently had to file a lawsuit to recoup beyond that 3
year window. The lawsuit was settled (with one exeception) long after
that 3 year window had closed.
The article further illustrates that a company (in this case gove.
entity) can not unjustly withhold the ss tax and that it must be
refunded.
The bottom-line is that a pilot should file to get the ss tax back and
they need to file quickly as that window is closing.
"Police officers’ lawsuit partially settled
By Lisa Rogers
Times Staff Writer
Published: Tuesday, April 5, 2011 at 10:35 p.m.
Last Modified: Tuesday, April 5, 2011 at 11:00 p.m.
( page all of 2 )
A settlement in a lawsuit filed by seven police officers who had
Social Security taxes mistakenly withheld from their paychecks is
expected to be settled before the case goes to trial on April 18.
Related Links:Gadsden Council: Put chiefs under mayor's authority More
Information:City of Gadsden
The City of Gadsden helps organize First Friday and controls traffic
and services for the event.
But no settlement was reached with Gadsden Police Chief Richard
Crouch, who also filed suit. The trial with Crouch still is set for
April 18.
The Gadsden City Council on Tuesday passed a resolution approving the
settlement with seven current or former officers.
The eight police officers filed the suit against the city in 2006.
For years, some Gadsden police officers and firefighters had Social
Security taxes withheld from their paychecks. It affected those who
were older than 35 when they first were employed and ineligible for
participation in the city of Gadsden’s Policemen’s and Firemen’s
Retirement Fund.
It was believed they could be placed automatically on the state
retirement system.
The Social Security Administration advised the city to stop
withholding the funds, and it stopped in November 2005. However, the
employees affected learned that taxes paid before 2002 could not be
refunded. The Social Security Administration said the taxes should not
have been taken out to begin with.
The city had withheld a portion of each person’s compensation and paid
that amount to the Internal Revenue Service under the Federal
Insurance Contribution Act for eligibility for the old age, disability
and survivorship benefits of the Social Security Act, according to the
settlement.
Each employee had 6.2 percent taken out of each paycheck for however
long he or she was employed.
Some employees had Social Security taxes taken out for about 14 years.
Some of the people who had the Social Security taxes withheld were
reimbursed and others were not.
Those who filed the lawsuit in 2006 were not reimbursed.
Seven of the officers in the suit — Gayle Eaker, Steven Parker,
Jeffrey Knowles, Rodney Rylander, Johnny Richardson, Michael Hooks and
Michael O’Brien — agreed to the settlement and agreed to release the
city of Gadsden from more liability. Officers were paid anywhere from
$3,553 to $50,000, depending on negotiations, for legal fees and other
costs.
The resolution approved Tuesday says it is in the public interest to
resolve the claims without further litigation.
City Council members voted to approve the settlement. However,
Councilman Robert Avery abstained, explaining he did not think the
officers were “entitled to anything.”
The city retained an outside attorney after the suit was filed.
City Attorney Roger Kirby would not say how much has been spent
defending the lawsuit."
On Apr 1, 7:43 am, PCN Dir <m...@pilotcommunication.net> wrote:
> RE: One more informative email from Jean I missed in my inbox. Mark
>
> ++++++++++++++++++++++++++
>
> jeancino...@sbcglobal.net
has provided some very helpful info in the past and I thought this one
may be of interest to our group as well. Mark
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Jean Marie Cinotto
Email jeanc...@sbcglobal.net
Issue Area - Pension
Comments - Mark,
You may want to post this story to the pilots asap. It is an outside
case in Gadsden, AL concerning the unjust withholding of Social
Security taxes. Pilots should note the 3 year window of 2002 to 2005
and they subsequently had to file a lawsuit to recoup beyond that 3
year window. The lawsuit was settled (with one exeception) long after
that 3 year window had closed.
The article further illustrates that a company (in this case gove.
entity) can not unjustly withhold the ss tax and that it must be
refunded.
The bottom-line is that a pilot should file to get the ss tax back and
they need to file quickly as that window is closing.
"Police officers’ lawsuit partially settled
By Lisa Rogers
Times Staff Writer
Published: Tuesday, April 5, 2011 at 10:35 p.m.
Last Modified: Tuesday, April 5, 2011 at 11:00 p.m.
( page all of 2 )
A settlement in a lawsuit filed by seven police officers who had
Social Security taxes mistakenly withheld from their paychecks is
expected to be settled before the case goes to trial on April 18.
Related Links:Gadsden Council: Put chiefs under mayor's authority More
Information:City of Gadsden
The City of Gadsden helps organize First Friday and controls traffic
and services for the event.
But no settlement was reached with Gadsden Police Chief Richard
Crouch, who also filed suit. The trial with Crouch still is set for
April 18.
The Gadsden City Council on Tuesday passed a resolution approving the
settlement with seven current or former officers.
The eight police officers filed the suit against the city in 2006.
For years, some Gadsden police officers and firefighters had Social
Security taxes withheld from their paychecks. It affected those who
were older than 35 when they first were employed and ineligible for
participation in the city of Gadsden’s Policemen’s and Firemen’s
Retirement Fund.
It was believed they could be placed automatically on the state
retirement system.
The Social Security Administration advised the city to stop
withholding the funds, and it stopped in November 2005. However, the
employees affected learned that taxes paid before 2002 could not be
refunded. The Social Security Administration said the taxes should not
have been taken out to begin with.
The city had withheld a portion of each person’s compensation and paid
that amount to the Internal Revenue Service under the Federal
Insurance Contribution Act for eligibility for the old age, disability
and survivorship benefits of the Social Security Act, according to the
settlement.
Each employee had 6.2 percent taken out of each paycheck for however
long he or she was employed.
Some employees had Social Security taxes taken out for about 14 years.
Some of the people who had the Social Security taxes withheld were
reimbursed and others were not.
Those who filed the lawsuit in 2006 were not reimbursed.
Seven of the officers in the suit — Gayle Eaker, Steven Parker,
Jeffrey Knowles, Rodney Rylander, Johnny Richardson, Michael Hooks and
Michael O’Brien — agreed to the settlement and agreed to release the
city of Gadsden from more liability. Officers were paid anywhere from
$3,553 to $50,000, depending on negotiations, for legal fees and other
costs.
The resolution approved Tuesday says it is in the public interest to
resolve the claims without further litigation.
City Council members voted to approve the settlement. However,
Councilman Robert Avery abstained, explaining he did not think the
officers were “entitled to anything.”
The city retained an outside attorney after the suit was filed.
City Attorney Roger Kirby would not say how much has been spent
defending the lawsuit."
On Apr 1, 7:43 am, PCN Dir <m...@pilotcommunication.net> wrote:
> RE: One more informative email from Jean I missed in my inbox. Mark
>
> ++++++++++++++++++++++++++
>
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