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Francisco v. NYTex Care Inc.

Claim Employer Did Not File Tax Document as to Payments Made Not Covered by 26 USC §7434

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MEMORANDUM & ORDER   Plaintiff Herlinda Francisco brings this action against NYTex Care, Inc., and Insun Yun, on behalf of herself and a class of similarly situated individuals, alleging that Defendants willfully filed fraudulent tax information forms with the Internal Revenue Service (“IRS”), in violation of 26 U.S.C. §7434. (See Complaint (“Compl.”), Dkt. 1, at 1.) More specifically, Plaintiff alleges that, while she was employed as a presser at Defendants’ dry cleaners, they “served/filed or caused to be served/filed knowingly false annual tax returns for at least calendar years 2010 through 2016 by failing to identify Plaintiff and other employees as employees, failing to accurately state the amount of wages paid, and failing to pay the required employment taxes on their behalf.” (Id. at

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