File #: 17-0066    Version: 1 Name:
Type: Resolution Status: Adopted
File created: 1/18/2017 In control: Law
On agenda: Final action: 1/19/2017
Title: Dept/ Agency: Law Action: ( ) Ratifying (X) Authorizing ( ) Amending Purpose: Pre-Litigation Settlement Docket No.: N/A Payor: Best Transportation Services, LLC, 263 Distribution Street, Newark, New Jersey 07114 Payor's Attorney: Bruno Genova, Esquire, Attorney's Address: Genova Burns LLC, 494 Broad Street, Newark, New Jersey Settlement Amount: $500,000.00 Funding Source: N/A; City of Newark is receiving the settlement funds Additional Comments: . This proposed settlement resolves outstanding Payroll Taxes owed by Best Transportation Services to the City of Newark. Invitation: Corporation Counsel (date to be entered by Clerk's Office)
Sponsors: Council of the Whole
Title
Dept/ Agency: Law
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Pre-Litigation Settlement
Docket No.: N/A
Payor: Best Transportation Services, LLC, 263 Distribution Street, Newark, New Jersey 07114
Payor's Attorney: Bruno Genova, Esquire,
Attorney's Address: Genova Burns LLC, 494 Broad Street, Newark, New Jersey
Settlement Amount: $500,000.00
Funding Source: N/A; City of Newark is receiving the settlement funds
Additional Comments:
.
This proposed settlement resolves outstanding Payroll Taxes owed by Best Transportation Services to the City of Newark.
Invitation: Corporation Counsel (date to be entered by Clerk's Office)

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WHEREAS, the City of Newark's Department of Finance, Office of Tax Abatement and Special Taxes ("City"), conducted an audit of certain businesses in the City of Newark relative to compliance with the Newark Payroll Tax requirements as set forth in the City's Ordinance Section 10:21-1, et seq.; and

WHEREAS, the City conducted an audit of Best Transportation Services, LLC, 263 Distribution Street, Newark, New Jersey 07114 ("Best"); and

WHEREAS, certain issues and disputes arose between Best and the City regarding the payment of Best's Newark Payroll Tax, especially as to how the Payroll Tax was to be apportioned for employees who did not perform their work full-time within City boundaries, and as a result, the City issued Best several Delinquent Notices, Audit Notices and Collection Notices; and

WHEREAS, as of September 2016, the City claimed that Best owed $1,132,141.63 in principal, $116,528.45 in interest and $58,264.21 in penalties; and

WHEREAS, the Parties desired to amicably resolve this matter, and the Office of Corporation Counsel and Counsel for Best engaged in extensive negotiations relative to the terms of a possible settlement; and

WHEREAS, the Parties agreed to enter into a pre-litigatio...

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