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Oct. 2, 2009


(HOUSTON) - Brendan F. Gowing, of Spring, Texas, has been sentenced to 90 days in federal prison for failing to file an income tax return on gross income of more than $1.7 million, United States Attorney Tim Johnson announced today. Gowing pleaded guilty in June 2009 to the federal tax charge. In addition to the prison term, the court has ordered Bowing to pay restitution to the Internal Revenue Service (IRS) in the amount of $349,561 and to serve one year of supervised release. U.S. District Judge Sim Lake imposed the sentence this afternoon. 

According to the factual basis included in the plea agreement executed in open court on June 26, 2009, Gowing admitted he willfully failed to file individual income tax returns for tax years 2002 through 2006, and in fact, had not filed an individual income tax return since the 1997 tax year. Gowing knew he was required to file individual income tax returns because he filed returns until 1998. In the years since, Gowing filed requests for extension of time to file, estimating he owed zero taxes.

IRS civil personnel mailed numerous notices to Gowing beginning in 2003. At that time, Gowing engaged an attorney and an accountant to remedy the mounting problems with the IRS, but Gowing failed to provide them all of the information needed to report his tax liabilities, resulting in Gowing not filing any returns. In 2006, Gowing paid the balance due on the 1998 - 2000 returns at the same time he refinanced his home. The home had been encumbered by an IRS tax lien, which was removed after the IRS received funds from the refinancing process. Gowing lived with his family in a $346,000 home and later purchased a $700,000 beach home on Tiki Island, Texas, making a $58,000 down payment. He and other family members also bought a series of cars, including a 2003 Lexus convertible, a 2004 Hummer and a $53,000 Lexus all paid for in full at the time of purchase. In the purchase of a 2007 Cadillac Escalade in August 2006 for $73,000, the submitted financing application showed the gross income from all sources to Gowing and his family was $500,000.

As part of his agreement with the United States, the IRS may be entitled civilly to and may seek additional taxes, interest and penalties from Gowing on all tax years relating to the conduct underlying this case.

Today, the court continued Gowing on bond pending the issuance of an order to surrender to a Bureau of Prisons prison facility to be designated in the near future.

This case was prosecuted by Assistant U.S. Attorney Stephen L. Corso and was investigated by the IRS Criminal Investigation Division.



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