A tax preparer in Johnson County was sentenced Tuesday to 78 months in federal prison for filing false tax returns that cost a Kansas company more than $744,000, U.S. Attorney Barry Grissom said.
John M. Moore, 53, Lenexa, pleaded guilty to one count of filing a false tax return and one count of wire fraud. In his plea, he admitted a company he owns, Accent Payroll Services (APS), was hired to provide payroll processing services for Tytan International L.L.C. of Lenexa, Kan.
From 2008 to 2010, APS was responsible for paying the wages of Tytan’s employees, withholding employment taxes, filing Tytan’s employment tax returns on Internal Revenue Service form 941 and paying withheld employment taxes to the IRS, according to the U.S. attorney’s office.
Moore transferred more than $2 million in employment tax withholdings from Tytan’s bank account to his company’s bank account, federal authorities said. However, he only paid the IRS approximately $1.3 million, according to the U.S. attorney’s office. To keep Tytan from receiving notices from the IRS that taxes were not paid, Moore gave the IRS an address for Tytan at a post office box he controlled, authorities said.
“These victims trusted Mr. Moore to properly remit their taxes, but instead he used their funds for his own purposes. Unfortunately, these victims are left holding the bag,” said Sybil Smith, special agent in charge of IRS Criminal Investigation. “Businesses who utilize a third party for paying their payroll taxes must realize that if the taxes aren’t paid, they are ultimately responsible for the tax liability. The IRS will work with victims to set up payment plans or possibly reduce penalties.”
Grissom commended the Internal Revenue Service, the FBI and Assistant U.S. Attorney Chris Oakley for their work on the case.