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Kyle Archie, Employment Tax Evasion, Nevada 2008

Kyle Archie, a part-owner of several Reno landscaping and rock hauling businesses, has been sentenced to 10 months in prison for his role in failing to pay over employment taxes, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo and U.S. Attorney Daniel G. Bogden of the District of Nevada.

Archie’s bookkeeper, Linda Archie, his mother, was sentenced to five years’ probation with three months home confinement for her role in the willful failure to file an employment tax return.

According to court documents, Kyle Archie admitted that he was responsible for the day-to-day operations of the businesses and had a legal duty to collect, truthfully account for, and pay over employment taxes to the IRS from 2003 through 2009.

However, Archie failed to pay over employment taxes to the IRS for the third quarter of 2008, despite collecting the taxes from his employees’ wages and holding them in trust.

Linda Archie, who worked as the bookkeeper for the businesses, admitted to failing to file employment tax returns on behalf of the companies between 2003 and 2009.

The court ordered Kyle Archie to serve three years of supervised release and both Archies to pay restitution to the IRS in the amount of $1,235,528.

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Bogden commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Carla B. Higginbotham of the District of Nevada and Trial Attorney Kathleen M. Barry of the Tax Division, who prosecuted the case.

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