Judge Orders York County Trucking Company to End Repeated Violations of Employment Tax Laws

Yesterday, a federal court in Rock Hill, South Carolina, ordered Tony McMillan and his trucking company, which he operated under the names T-N-T of York County Inc. and TM Trucking of the Carolinas LLC, to stop violating their employment tax reporting, deposit and payment obligations.  The Judgment and Permanent Injunction by Consent requires McMillan and the business to timely file all employment tax returns, to make all required deposits of employment and unemployment taxes and to certify to the Internal Revenue Service (IRS) that they have made these deposits.  The injunction also prohibits the defendants from making other disbursements if the business’s current employment taxes are not paid.  The injunction also requires McMillan to notify the IRS of any new company he owns, manages, or works for over the next five years.

The government’s complaint alleged that McMillan operated the trucking company since at least 2008 and was routinely late in filing its employment tax returns and paying its employment taxes, when he did so at all.  According to the complaint, McMillan also failed to pay over the taxes withheld from his employees’ paychecks.  By the time the complaint was filed in June 2015, T-N-T of York County and TM Trucking of the Carolinas together owed more than $2.7 million in federal employment and unemployment taxes for various periods from 2009 through 2014, the complaint stated.  The complaint alleged that this pyramiding of taxes had continued in spite of repeated efforts by the IRS to collect the tax and to help McMillan and the business cure the violations. 

Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division thanked IRS Field Collection and its revenue officer for investigating and preparing the civil case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.