By Denise Richardson
ONEONTA _ The state tax department has seized a stove and fireplace business for nonpayment of almost $100,000 in sales taxes in Otsego County, a spokeswoman said Monday.
Meanwhile, at least one customer said she has lost a $1,500 down payment and has no pellet stove for her unheated basement.
TMV Inc., trading as the Country Cubby, at 387 Main St., was padlocked in a seizure Wednesday, said Susan Burns, a spokeswoman for the state Department of Taxation and Finance. Warrants were filed in Otsego County Court against TMV Inc. and in Chenango County Court against Marion M. Vollweiler and Thomas Vollweiler, the parties responsible for the business' taxes, Burns said.
The Country Cubby is closed Sunday and Monday, according to its telephone answering machine. No telephone number could be located Monday for the Vollweilers.
City of Oneonta Assessor Mario Arevalo said the property belongs to Robert and Barbara Cohen, owners of BAC Sales Inc. in Hudson. The Cohens had sold the property to the Vollweilers on Dec. 16, 2005, but it was in the Cohens' name again effective March 3, according to city property tax records, Arevalo said.
The building and land are assessed at $175,000.
Some consumers have complained publicly about the Country Cubby.
At least ``half a dozen'' complaints have been made with the Otsego County Chamber during the past three months, Rob Robinson, chamber president and chief executive officer, said. The complaints have been about service and products ordered but not delivered.
Robinson said he has written and called the Vollweilers without response. The Chamber's standard procedure after receiving a complaint about a business in Otsego County is to contact owners and try to resolve the issue, he said.
Robinson said the state and federal government will be first in line for claims. However, consumers with complaints about payments made toward ordered products should document their business with the Chamber, the Better Business Bureau or the state Attorney General's Office.
Laurel Zeisler of Davenport said her husband filed a small-claims case in Oneonta City Court on Monday against the Country Cubby. A pellet stove and a ton of pellets were ordered July 23 for a total cost, with taxes, of $3,175, she said.
Zeisler said the business owner answered her repeated inquiries by saying the stove was on back-order. Her suggestion to take the floor model was rejected, she said, and the owner, during an open house Oct. 1, asked her if delivery Oct. 23 would be acceptable.
Zeisler said she drove by the Country Cubby on Thursday and saw the sign announcing the seizure by the state. The pipes in her basement froze last year, she said Monday, adding that if she wants a heater, she'll have to go to another business.
Burns said the warrants filed, amounts and dates were:
In Otsego County Court, against TMV Inc. for nonpayment of sales taxes $13,660.98 on May 15, 2008; $51,010.78 on July 10, 2008; for $33,870.03 on June 26; and for nonpayment of withholding tax of $747.63 on March 24.
In Chenango County Court, against Marion Vollweiler for nonpayment of sales tax $70,539.82 on April 17; and against Thomas Vollweiler for nonpayment of sales tax of $73,314.37 on July 2; and against each for nonpayment of personal income tax of $175.41.
Burns said details about the individual cases aren't disclosed for privacy reasons. The state ``makes every effort'' to work with taxpayers to reach an agreement, Burns said, and seizure of property is a step of ``last resort.''
Burns said it is possible that an owner may not be the party responsible for taxes. However, she said she didn't have information about property ownership or the Cohens. The office handling the case was closed because it was after 5 p.m., she said, adding that she would check today.
A telephone message left for Robert Cohen at BAC Sales at about 4 p.m. Monday wasn't answered by 8:30 p.m.
