~~~AAA~~~ wrote:

- quote -

Let's see now, you still got your full salary for all of
2004. And you're in process of requesting refund of Federal
income taxes?

On what do you base this? Is this an amended tax return?
If so, what is your cite?

Just because the state of New York requires full salary,
doesn't mean the federal government will not expect income
tax on it. Of course I have no idea about what New York
expects.

ChEAr$,
Harlan Lunsford, EA n LA
Mon 21 Mar 2005

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Gene E. Utterback, EA wrote:
- quote -

.....Note: Even if you are exempt for the first year, after
1 year's time, you may no longer be. The answer may depend
on what is allowable under your state's labor code.

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If a person paid for their disability insurance with
post-tax premiums then that may be exempt from income tax.
If a they for it with pre-tax money, or their employer paid,
then probably not.

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<Back[at]One.com> wrote:

- quote -

To answer your question - no, you cannot recover the FICA.

Now I have a question - what makes you think you are Exempt
from income tax? You may well be, but then again, depending
on the facts and circumstances you may not be exempt. It
would be good for you to make sure you are exempt before
making any changes to your W-4 or requesting a refund of all
of your taxes.

Gene E. Utterback, EA

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~~~AAA~~~ wrote:

- quote -

No. Only your employer has standing to ask for a refund of
FICA.

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I am a police officer in NYS and was out of work for the
entire year of 2004 due to work-related injury. During that
time, and continuing now, I received my full salary due to a
law (NYS G.M.L. 207-c) which requires my employer to
continue my full salary while out on a job-related
disability.

I have only recently change my W-4 to 'Exempt'.

I am in the process of requesting a refund for the Federal
and State taxes that were withheld for 2004. Is there a way
for me to also recover the FICA and/or MEDC taxes that were
withheld?

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