EXCLUSIVE: Marine Corps wife, mom blasts blue state for wrongful levy on savings: ‘Left us with pennies’
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EXCLUSIVE: Sarah Ogasian, a Marine Corps spouse, mother and ER nurse, remembers the exact moment her husband, Master Sgt. Jon Ogasian, discovered their savings account had been wiped out.
The couple lived in Highland, New York, while Jon was stationed at Stewart Air National Guard Base in Newburgh, before moving to Texas, where he is currently at Naval Air Station Joint Reserve Base Fort Worth.
“[Jon] said that he woke up, went to work at the military base, opened up his cellphone and looked on his app, checking our bank accounts, and that it was completely drained,” Sarah Ogasian said in an interview with Fox News Digital. “There was absolutely no money left in our bank account, and he just literally wanted to just vomit. … As soon as the money was gone, it literally left us with pennies.”
The Ogasians were told by a representative from the New York State Department of Taxation and Finance that their money had been seized by the state through a tax levy.
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Although New York has since admitted the levy was in error and canceled the assessment, the Ogasians say they are still waiting for their funds to be returned and are being told that “a processing fee is being taken out to get the check back.”
“If this is happening to us, then who else has this happened to? Who else has wrongfully gotten money taken out of their account?” Ogasian said.
The Ogasian’s case raises questions about whether state tax systems are failing to properly apply federal protections under the Servicemembers Civil Relief Act (SCRA) and the Military Spouses Residency Relief Act (MSRRA).
The SCRA is a federal law that shields active-duty service members from certain state taxes, liens and financial actions when their legal residence is elsewhere. In practice, it means that a Marine stationed in New York cannot be taxed by the state on his military income if his domicile is legally New Hampshire, which does not have an income tax.
The Military Spouses Residency Relief Act also extends that same protection to military spouses, allowing them to claim the servicemember’s home state for tax purposes even if they work in the stationed state.
Capital One, the family’s bank, told Fox News Digital it had complied with all applicable laws and stressed its commitment to honoring the SCRA, though the company declined to discuss the Ogasians’ account specifically.
“Capital One is committed to both the letter and spirit of the SCRA. This includes the provision of benefits and protections above and beyond what is required under the SCRA in certain situations that involve a Capital One loan or liability,” a Capital One spokesperson said. “Further, we also comply with any applicable federal or state laws concerning levy orders.”
New York flagged the family because they had a state mailing address, but weren’t paying state taxes. Yet Jon’s W-2s and military records clearly listed New Hampshire as his legal domicile, making him exempt under federal law.
When the Ogasians called, Sarah said they were shocked to find state officials weren’t familiar with the SCRA protections.
“The New York tax rep had no idea what the Servicemembers Civil Relief Act even was. My husband had to explain it to him, which I don’t think is his position,” she said. “He shouldn’t have had to explain that to a tax representative.”
According to Sarah, without access to their savings, her family has been unable to buy back-to-school clothes, repair their broken van, or pay for their children’s sports and dance activities.
“We were starting school here in Texas. We start in the first two weeks of August. We had to sit our kids down and say, ‘listen, we don’t have any money right now,’” she said. “There’s literally no money to be had. We can’t afford school clothes, we can’t afford new backpacks, we can’t afford new shoes. We had to really limit what we got… for the first time in our lives we just had to go out to like secondhand stores and get new clothes that way.”
Sarah points to the years of service and sacrifice their family has given. She worked on the front lines as an ER nurse during the COVID-19 pandemic, while Jon has served 21 years in the Marines, including deployments overseas.
“Back when COVID hit during the pandemic, I was working the front lines in upstate New York. I was the one there watching people die and holding their hands while their loved ones were not there. We were deemed as such heroes back then,” she said. “And now, New York state couldn’t care less about what I’ve done for New York state, never mind my husband, who has served 21 years of his life.”
Fox News Digital reached out to New York Gov. Kathy Hochul’s office and the state Office of the Taxpayer Rights Advocate, but had not received responses at the time of publication.
For now, the Ogasians are left waiting, watching their hard-earned savings remain in limbo.
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“People keep telling me ‘sue the state, sue the state.’ And I said, ‘no, I don’t want their money. I just want my money back. The savings we worked hard for are being held hostage from us,'” said Sarah, who offered advice to other military families. “Keep your records. That is the biggest thing as a military family. But also know your rights. Know what the SCRA is. I didn’t know what it was prior to that… stick to your guns.
“When you know that you’ve been wronged, go for it.”