It was a pleasure to speak to your group concerning our lawsuit to defeat the $1.8 billion MTA Payroll Tax. I hope you found the discussion compelling.
Most people, not just employers, believe that we are being taxed to death in New York State. Enough is enough. It is time for action. While there are numerous other examples of outrageous tax issues, I have chosen to be of single purpose to defeat the MTA Payroll Tax. I believe this is the fight to be in for the following reasons:
Winning this lawsuit is the starting point for shifting power in Albany from special interest groups to the taxpayers of NYS, where the power belongs. Taxpayers need to show their strength.
Although there have been bills proposed in Albany to repeal the tax, we cannot depend on certain elected officials to get rid of this unconstitutional, illegal tax. They are the ones that agreed to it. It passed by 60% in the Assembly. The chairman of the Assembly Committee that would control any repeal legislation was the sponsor of the Payroll tax. This makes it unlikely that efforts at repeal will get out of committee.
Bringing this public interest lawsuit by citizens sends an important message to existing and potential legislators. No longer will it be acceptable for legislators to promise tax reforms to get elected, and then break those promises by supporting special interest groups and raising taxes.
We are on strong legal ground to have the tax annulled. The procedures used by Albany to pass the law for the MTA Payroll Tax violated five sections of the NYS Constitution, as well as the Public Authorities Law. Seven Suffolk County town supervisors are copying our lawsuit. This validates our legal position although their motives are suspect.
When listeners are informed of the MTA’s 45 year history of operating as a shadow government, corruption, waste, fiscal irresponsibility with taxpayer money that continues up to today, the MTA becomes a lightning rod for taxpayer anger directed at the dysfunctional NYS government. The legislators who passed this tax are the same ones who have agreed to subsidize the MTA money pit with $9.4 billion of taxpayer money. The MTA is a failed business model that no bailout can save. Recently Richard Ravitch, the lieutenant governor and architect of the MTA Payroll Tax, recently said the MTA situation was hopeless.
Job growth comes from businesses not government. Thanks to Albany, NYS is first in business failures and last in business startups. Excessive taxes were the main reason given by two prestigious business schools that did the study. If you are concerned that we are being taxed to death then this is the fight to be in. Annulling the MTA Payroll Tax puts NYS in the right direction.
In summary, this problem requires taxpayer and citizen intervention. This lawsuit, threatening the $1.8 billion, is the only way to get Albany to take NYS business owners and other employers seriously. But we must do more than just bring the lawsuit. We must win it. In order to do this I need your help to spread the word and gather resources. Please pass this on to anyone you feel would be interested.
Right now, I am doing the heavy lifting. I borrowed money to take the battle this far. I hope that each one of your members will make a contribution to my 501c3 to help with legal fees. You cannot get a better return on investment. Please make checks payable to MTA Taxpayer Abuse, Inc.