Trucking company owner faces jail time for not paying taxes

By Clarissa Hawes, Land Line staff writer | Friday, November 22, 2013

A New York trucking company owner has been found guilty on five counts of filing false tax returns from 2006 to 2010.

Carmen D’Agostino, 44, owner of Carmen D’Agostino Trucking of Baldwinsville, NY, faces up to five years in prison and a $250,000 fine after being found guilty by a jury in U.S. District Court in Syracuse, New York. His sentencing is scheduled for March 2014.

According to court documents, on his tax returns that he filed with the Internal Revenue Service D’Agostino listed his taxable income as zero, when in fact his actual taxable income exceeded $280,000 for years 2006 to 2010. His total income was more than $500,000.

D’Agostino Trucking was paid on a per-hour basis for his dump truck services, primarily in the construction field. At the end of each year, businesses who used D’Agostino’s company filed a Form 1099 to report the nonemployee compensation paid from the business to D’Agostino Trucking, according to court documents.

From 2006 through 2010, D’Agostino allegedly prepared and filed false and inaccurate Form 1099s that showed he received no money in nonemployee compensation from the businesses.

IRS agents state in court documents that D’Agostino was sent multiple letters explaining that he “was obligated to pay income tax.”

According to The Post-Standard, a Syracuse newspaper, D’Agostino was a follower of Peter Hendrickson, “who claimed the tax code required only people who hold public office to pay income taxes.” Hendrickson was sentenced to 21 months in prison back in 1992 for “willfully failing to file an income tax return and one count of conspiracy to place an incendiary device in the U.S. Mail. He was again found guilty on 10 counts of filing a false document in 2009.

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