State Officials Ignore Tax Law

It's a common theme of late. This time, NYS officials, including Senate Majority Leader Malcolm Smith (D) and a whole host of other state and local officials ignore the requirement to report their use of state vehicles.

The senators, including Majority Leader Malcolm Smith (D-Queens), did not report any personal use to the state Comptroller's Office last year.

The comptroller issues W-2 forms to workers so they can declare the benefit when they file their taxes.

Smith's office blamed the lapse on former Majority Leader Joseph Bruno, a Republican who stepped down in June and eliminated any tracking or reporting of vehicle use about 15 years ago.

Smith's spokesman, Austin Shafran, said his office did not know about the change until The Post called.

"This is a policy that we're going to absolutely look to change as soon as possible and make sure that all our members act in accordance with it," he said.

All state Assembly members with cars reported personal use to the comptroller except Manhattan Democrat Herman "Denny" Farrell.

Farrell's office said the lawmaker never drives his state car for personal use, preferring to tool around in his own convertibles.

Almost 1,000 state workers reported some personal use of a car from Nov. 1, 2007, to Oct. 31, 2008, according to a database obtained by The Post from the comptroller's office.

Personal car use can be calculated in one of three ways - by adding up miles driven; by using a flat rate of $3 per round trip per day if the worker earns less than $139,600; or based on the car's fair market value.

Funny how Smith is blaming former Senate Majority Leader Joe Bruno (R) for the tax mess and a failure to report the personal use of the vehicles. Sorry, but ignorance of the law is not a defense. You are required to do so by the state Department of Taxation and Finance, regardless of what you claim was the official policy of your predecessor.