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Restaurant seized for alleged failure to pay taxes

Massachusetts residents who enjoyed a restaurant located in Andover for the last decade will be sad to hear that the establishment is no longer in business. The demise of Dylan's Bar & Grill is the result of a tax collection case instituted by the state against it.

According to a spokesperson for the Massachusetts Department of Revenue, the business was seized for failing to pay state taxes. The largest portion of the balance of over $191,000 is for unpaid state meals tax, with approximately $10,000 owed for outstanding local meals tax. Furnishings, equipment, cash registers and other items inside the restaurant are scheduled to be put up for public auction on Dec. 3. The proceeds of the auction will go to pay down the outstanding obligation, with the establishment's owner responsible for any remaining balance.

The department's spokesperson said that seizures are viewed as a last resort and usually only occur after the department has worked with a taxpayer for a substantial period of time. She said that prior to seizing a property, the department typically sends notices, calls the taxpayer and otherwise attempts to enter into a payment agreement. She noted that no similar seizures have occurred in Andover over the last two years and that the Department of Revenue only carries out about 75 such seizures across the state each year.

An attorney with experience in tax law and tax litigation may be able to assist a company or individual that has become severely delinquent with federal or state obligations. The attorney could work with the appropriate taxing authorities on behalf of the client to arrive at a mutually-agreeable compromise and settlement.

Source: Andover Townsman, "Dylan's seized by state for unpaid taxes", Dustin Luca, November 21, 2013

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