By MICHAEL GORMLEY
Associated Press Writer
October 23, 2008 06:18 am
—
ALBANY, N.Y. (AP) — Gov. David Paterson's embattled chief of staff Charles O'Byrne had to pay nearly $300,000 in overdue state and federal taxes, penalties and interest — almost $100,000 more than previously reported, O'Byrne's tax attorneys said Wednesday.
The lawyers also said O'Byrne sent a last check for $3,600 to tax officials on Tuesday, days after Paterson's office said all the debts were fully paid. They said the check cut Tuesday was an intentional overpayment mailed as a precaution to duplicate a September payment that hadn't yet been posted to O'Byrne's account.
The lawyers, Henry Berger and Richard Kestenbaum of Manhattan, released no checks or other records that proved a payment was made in September.
The total was higher than the estimate provided since Saturday by Paterson's office because it reflects a final tally with state and federal tax agencies, according to Paterson spokeswoman Risa Heller.
The lawyers also detailed the mental illness O'Byrne has blamed for his failure to file tax returns from 2001 through 2005. O'Byrne suffered three bouts of clinical depression and received therapy and medication, but is no longer on medication, they said. The last occurrence was in late 2006, when Paterson was elected lieutenant governor, and weeks into 2007, when O'Byrne was the lieutenant governor's chief of staff making $178,500 a year.
O'Byrne said he informed Paterson of the debt and illness in 2004 and again in 2007. Paterson has confirmed that account.
On Wednesday, Paterson's office released a statement by Dr. Howard Kremen, who said he treated O'Byrne for major depressive disorder from early 2001 to 2006, and said O'Byrne has been free of depression since 2006.
That conflicts slightly — by a few weeks — from the account by the lawyers who said O'Byrne suffered depression into early 2007.
Kestenbaum, one of O'Byrne's lawyers, said O'Byrne suffered an established "nonfiler syndrome" which he said affects high-functioning professionals and leads to failure to meet financial obligations when suffering clinical depression.
Rhondalee Dean-Royce, a spokeswoman for the American Psychiatric Association, said there is no such disorder or syndrome listed in the Diagnostic and Statistical Manual of Mental Disorders, a standard reference.
At the IRS office in California, they see many cases of accountants and attorneys and other professionals not filing their taxes for reasons ranging from they were too busy, to depression, to family tragedy, said Larry Wright, an IRS spokesman. But he said he hadn't heard of nonfiler syndrome.
O'Byrne's attorneys said he paid $51,303 in back state taxes, $16,711 in penalties and $12,905 in interest.
He also paid $127,018 in federal taxes, $50,836 in penalties and $34,005 in interest on the federal debt.
O'Byrne didn't file the tax debt on his state ethics forms because he didn't think he had to, said Berger. But Berger said O'Byrne will amend his form to include the debt. Under state ethics law, that will avoid any penalty.
O'Byrne, a former Catholic priest who is also a lawyer, said he made the tax payments with loans of $5,000 to $20,000 from his sisters. He also got loans of $60,000 to $100,000 from friends Jean Kennedy Smith, the sister of Sen. Edward M. Kennedy, and real estate lawyer Brian Krisberg. The lawyers wouldn't break out the details, but said O'Byrne will pay interest.
O'Byrne's lawyers said no money was accepted from anyone doing business with the state.
The Senate investigations committee is investigating the case.
——
AP Writer Jennifer Peltz contributed to this report from New York City.
Copyright © 1999-2008 cnhi, inc.