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Justice News

Department of Justice
U.S. Attorney’s Office
District of New Mexico

FOR IMMEDIATE RELEASE
Wednesday, February 7, 2018

Taos County Businessman Sentenced to Prison for Federal Tax Conviction and Ordered to Pay $182,771 in Restitution

Owner of Café and Ski Shop in Red River, N.M., Sentenced for Filing False Tax Return

ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Division of IRS-Criminal Investigation announced the sentencing of a Taos County businessman for his federal tax conviction.

Robert Baños, 46, of Red River, N.M., was sentenced late yesterday afternoon in federal court in Albuquerque, N.M., to 15 months of imprisonment followed by one year of supervised release.  Baños also was ordered to pay $182,771 in restitution to the IRS, which covers the amount involved in the criminal activity charged in the indictment as opposed to the amount involved in the crime of conviction.

Baños is the owner and operator of the Old Tymer’s Café and Bighorn Sports and Rental, both of which are located in Red River in Taos County, N.M.  Baños was indicted on April 12, 2016, and charged with five counts of filing false tax returns.  The indictment charged Baños with violating the federal tax laws during five tax years – 2009 through 2013 – by filing tax returns that failed to report his true income.  During each of those tax years, Baños falsely reported that he had a negative income in the individual income tax returns he filed with the IRS.

On March 3, 2017, Baños pled guilty to Count 5 of the indictment charging him with making and subscribing a false tax return for tax year 2013.  In entering the guilty plea, Baños admitted that during tax years 2009 through 2013, he underreported his businesses’ true income to a tax return preparer knowing the tax return preparer would rely on this false information to prepare and submit Baños’ tax returns.  Baños also acknowledged signing, under penalty of perjury those tax returns, which he knew to be materially false for the purpose of evading federal income taxes. 

This case was investigated by the Albuquerque office of IRS Criminal Investigation and was prosecuted by Assistant U.S. Margaret M. Vierbuchen.

Topic(s): 
Tax
Component(s): 
Updated February 7, 2018