Grimy Times

Brian Kenny, Tax Fraud, California 2013

Published November 18, 2014

San Francisco Man Sentenced for Tax Evasion

Brian Kenny, the owner of a San Francisco construction company, has been sentenced to six months in prison and six months of home confinement for tax fraud. According to court records, Kenny evaded paying his individual income taxes by underreporting his business gross receipts.

On February 17, 2005, Kenny incorporated his business, SF Bay Construction, Inc. (SFBC), and filed tax returns reporting business gross receipts but paid no corporate income tax. Instead, Kenny reported SFBC's income on his personal income tax return and paid the tax as SFBC's sole shareholder.

Kenny, however, failed to report $470,225.77 in business gross receipts during the 2006 tax year. According to his plea agreement, Kenny admitted that he knew the amount of business gross receipts reported on SFBC's tax return was material to the calculation of income tax owed on his personal income tax return.

Pursuant to the terms of his Plea Agreement, Kenny signed civil closing agreements with the IRS for his income tax liability and SFBC's employment tax liability. Kenny has paid the full amount of his restitution, which totals $199,493.83.

Kenny, of San Francisco, was charged on July 25, 2013, with six counts of assisting in the filing of false tax returns. He pleaded guilty to one count of aiding and assisting in the preparation and presentation of a false U.S. Income Tax Return.

The investigation into Kenny's tax fraud was conducted by the Internal Revenue Service, Criminal Investigation. The case was prosecuted by Assistant United States Attorney Cynthia Stier.

Brian Kenny, age unknown, of San Francisco, California, was sentenced to six months in prison and six months of home confinement on November 5, 2013, for tax fraud. He was also ordered to pay $199,493.83 in restitution.

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Source: https://www.justice.gov/usao-ndca/pr/owner-san-francisco-construction-company-sentenced-jail-tax-fraud