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Justice News

Department of Justice
U.S. Attorney’s Office
District of Colorado

Monday, April 27, 2015

Fort Collins Businessman Charged With Failing To File Income Tax Returns With The Irs

DENVER – Donald D. Smith, age 66, of Fort Collins, Colorado, was charged by an Information with three counts of failing to file income tax returns, announced United States Attorney John Walsh and IRS Criminal Investigation Acting Special Agent in Charge Gilbert R. Garza.  The Information was filed on April 8, 2015, but remained sealed until his initial appearance which was on April 21, 2015.   The case is now pending.

According to the Information, during calendar year 2008, Smith, the owner and operator of a business named Mountain West Children’s Academy LLC, had and received gross income of approximately $183,343.  Smith was required by law, following the close of that calendar year, and on or before April 15, 2009, to file an income tax return to the Internal Revenue Service (IRS), stating specifically the items of his gross income and any deductions and credits to which he was entitled. In short, Smith willfully failed to file an income tax return.

During the calendar year 2009 and 2010, Smith followed a similar pattern.  During 2009, Smith received gross income of approximately $122,068.  During 2010, Smith received gross income of approximately $154,900.  For both years Smith was required by law to file income tax returns with the Internal Revenue Service.  Smith willfully failed to file income tax returns due with the Internal Revenue Service on April 15, 2010 and April 18, 2011, respectively.

Smith was charged with three counts of failing to file income tax return with the Internal Revenue Service, each of which carries a penalty of not more than 1 year in federal prison, and a fine of up to $100,000. 

This case was investigated by the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant U.S. Attorney Patricia Davies.

An Information is a formal charging document, where the defendant waives the Constitutional right to be indicted by a federal grand jury.

The charges contained in the Information are allegations, and the defendant is presumed innocent unless and until proven guilty.

Updated June 22, 2015