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NBC4
Published: October 03, 2012
Updated: October 03, 2012 - 2:28 PM
COLUMBUS -- A Columbus father and son have been sentenced on income tax violations in the U.S. Southern District Court of Ohio.
Eric J. McEvoy, 37, of Columbus, Ohio, was sentenced on Wednesday to three years of probation and was ordered to pay $16,677.01 in restitution to the Internal Revenue Service (IRS).?
Robert J. McEvoy, 70, of Columbus, Ohio, was sentenced on Sept. 27 to 18 months in prison, three years of supervised release, and has been ordered to pay $702,429.63 in restitution to the IRS.?
In addition, Robert and Eric McEvoy agreed to be permanently enjoined from preparing or filing employer?s federal tax returns on behalf of third parties.
On Jun. 13, Eric McEvoy pleaded guilty to three counts of income tax evasion and Robert McEvoy pleaded guilty to one count of conspiracy to impede and impair the lawful functions of the IRS.
According to court documents, Robert McEvoy, an un-enrolled tax preparer, owned and operated Capital City Accounting, a payroll servicing company.? As a payroll company, Capital City Accounting issued payroll checks, prepared payroll tax returns and made the federal tax deposits on behalf of its clients.? Beginning in 2006, Eric McEvoy was employed by Capital City Accounting and assisted his father with the payroll process.
?Capital City Accounting billed its clients for the gross amount of their payroll, payroll taxes and fees.? When clients made payments to Capital City Accounting, the payments were deposited into a Capital City Accounting bank account where clients? funds were deposited and held.? Both Robert and Eric McEvoy had signature authority on Capital City Accounting?s bank accounts which were used to issue pay checks and to pay employment taxes for each of its clients.
?Robert and Eric McEvoy failed to forward all employment taxes received from clients to the IRS.? Rather than making the required federal tax deposits for clients, Robert and Eric McEvoy diverted funds from the payroll account and used those funds to pay Capital City business expenses, personal living expenses of Eric McEvoy, and for cash withdrawals.? The McEvoy?s then either prepared and filed false Employer?s Quarterly Federal Tax Returns (IRS Forms 941) or failed to file the forms on behalf of its clients.
?The personal expenses paid directly from the business account by Eric McEvoy included rent, medical prescriptions, automotive repairs and health insurance premiums.? Eric McEvoy intentionally failed to report those personal expenses as income on his federal income tax returns for the 2006, 2007 and 2008 income tax years.
Eric McEvoy willfully failed to report $8,868.14 in additional income for 2006, failed to report an additional $35,906.91 for 2007 and failed to report an additional $21,338.35 for 2008.
?IRS-CI is very serious now and throughout the year in enforcing the laws directed at those who attempt to defraud our nation?s tax system,? said Darryl Williams, Special Agent in Charge, IRS-Criminal Investigation, Cincinnati Field Office.? ?These sentences should serve as a deterrent to those who might contemplate similar fraudulent actions.?
Stewart commended Assistant U.S. Attorney Dan Brown who prosecuted these cases and the IRS agents who investigated these cases.
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