A supervisor at the Maryland Department of Assessments and Taxation has confirmed that the property tax account for County Council candidate Natali Fani-Gonzalez and her husband, Angel Gonzalez, is under review for illegal receipt of 100% tax exemption following a greatly exaggerated military disability claim.
Based on submission of their claim of 100% military disability for Mr. Gonzalez to SDAT in 2017, the couple has been exempt from payment of property taxes on their Montgomery County home for the past six years. State law provides for this exemption only for 100% disabled military veterans; any lesser disability percentage does not qualify a veteran for any property tax exemption at all. (A partial tax credit is available under property tax code § 9-265 to veterans in some counties (but not Montgomery County) with at least 50% military disability but that's entirely different from an exemption.) Generally, 100% disability status is granted only if a veteran is so disabled that he or she requires round-the-clock care. Even loss of several limbs does not automatically qualify a veteran for 100% disability.
According to court documents obtained from the US Court of Appeals for Veterans Claims, Mr. Gonzalez is, at worst, 30% disabled.
Veteran’s disability application procedures generally confer a temporary, interim status of 100% disability while the claim is being reviewed. However, this status is quickly adjusted to the actual disability rating after review by the disability board. Mr. and Mrs. Gonzalez apparently never advised SDAT the Mr. Gonzalez’s temporary disability rating had been reduced to 30% or less, which has enabled them to continue to improperly receive 100% exemption from property taxes.
Even though Mr. Gonzalez is apparently able-bodied enough to go bicycle riding, as illustrated by a photo on Mrs. Fani-Gonzalez’s campaign web page, he has continued to pursue his 100% disability claim. Mr. Gonzalez even went so far as to claim traumatic brain injury, but the court rejected his claim.
From 2017 to 2022, Mr. and Mrs. Gonzalez have avoided paying approximately $22,000 of property taxes though their false claim of 100% military disability.
See: MD Code, Tax - § 7-208. Disabled veteran or spouse's home.
CLICK ON THE IMAGES BELOW TO ENLARGE.
The entire court decision can be obtained (for free) from:
https://efiling.uscourts.cavc.gov/cmecf/servlet/TransportRoom?servlet=CaseSearch.jsp
Enter case #20-4067 and click on the entry from 5/5/2022.
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| 100% disabled Angel Gonzalez on a bike ride with Natali |
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| SDAT assessment record showing EXEMPT status |
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| Recent property tax bill showing no taxes, just solid waste and WQPC fees (which are not taxes). This saved Natali about $4000 per year. |
A veteran can be 100% without being "so disabled that he or she requires round-the-clock care to stay alive." In addition, a veteran can have a 100% rating and still be able to ride a bicycle - ratings include psychological disabilities, brain injuries, and many other things that might not prevent physical activity even with a 100% rating. There can also be a combined 100% rating from multiple disabilities. Also, loss of "several limbs" would have a 100% rating. The excerpts from the court decision don't include his overall rating and therefore may not be relevant.
ReplyDeleteExcept in this case, Mr. Gonzalez has never received a permanent disability rating of 100%. Therefore, everything that you mentioned that "can" apply does not apply.
ReplyDeleteRead the entire court decision and you'll see that the court rejected Mr. Gonzalez's claims for brain injury and psychological disabilities. Mr. Gonzalez should get an A for persistence but his claims fail on merit.
ReplyDeleteIf Mr. Gonzalez received a permanent disability rating of 100% is 2017, what would he have gained by appealing in 2022? Mrs. Gonzalez's story doesn't add up.
ReplyDelete