Tony M. Tate, Findlay, Ohio was sentenced to serve 27 months imprisonment, followed by three years supervised release for willful failure to pay employment taxes in violation of Title 26 United States Code Section 7202.
Cromwell A. Handy, Special Agent in Charge, Internal Revenue Service, Criminal Investigation, Cincinnati Field Office, together with Gregory A. White, United States Attorney for the Northern District of Ohio announced the sentence ordered by United States District Court Judge James G. Carr.
Tate as co-owner, Vice-President and operator of American Digital Technologies Corporation, Inc (ADT) was charged in April 2005 with willfully failing to account for and pay to Internal Revenue Service $3,213,753 in payroll taxes. The taxes represented both the payroll taxes withheld from the salaries of ADT employees in the amount of $2,350,603 and the contributory payroll taxes in the amount of $863,150 that ADT was required to pay to the IRS.
Tony Tate pled guilty to the tax charges in May 2005. According to his plea agreement Tate admitted he was responsible for ADT’s compliance with its federal tax obligations. Tate further admitted he willfully caused ADT not to file 13 quarterly federal payroll tax returns (forms 941) for the calendar quarter ending December 1998 through the calendar quarter ending December 2001
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