New York State Department of Taxation and Finance Acting Commissioner Jamie Woodward announced that Benson J. Davis, of 10049 Transit Road, East Bethany, was arraigned this week in Bethany Town Court before the Honorable William Shea on felony tax charges for failing to file income tax returns from 2002 through 2007 while having a tax liability in each of those years.

Davis is charged with four counts of Repeated Failure to File Income Tax Returns, class E felonies.  He faces up to four years in state prison if found guilty of the charges.

Davis filed tax returns in August after the Tax Department started a criminal investigation. He reported earning a total of $625,000 from 2002 through 2007 with a tax liability of almost $50,000.  Davis’ income is derived primarily from interest and dividends earned on investments.

The charges are the result of a Tax Department initiative to identify individuals who have failed to file and remit personal income taxes to the state. The case was investigated by the Special Investigations Unit of the Department’s Rochester District Office.

Acting Commissioner Woodward said, “Tax cheats can be found among all professions, from blue collar workers to high-wage earners in the medical and legal fields.  Regardless of how they cheat, these scofflaws force all other New Yorkers to shoulder a greater share of the tax burden, taxes that pay for essential services such as health care, education and transportation. The Department is committed to pursuing all tax cheats so that every New Yorker pays their fair share.

“The Department offers programs such as the Voluntary Disclosure and Compliance Program to encourage delinquent taxpayers to become compliant without facing criminal prosecution or civil penalty. It is hoped that this arrest will encourage such taxpayers to come forward and satisfy their tax obligation.  For more information about these programs, go to the department’s website at www.nystax.gov.”

Acting Commissioner Woodward also thanked Genesee County District Attorney Lawrence Friedman for his aggressive prosecution of this case. 

The defendant is presumed to be innocent unless and until proven guilty.