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CPA Gets 41 Months on Tax Charges

dojA San Jose, Calif.-based CPA, who was responsible for preparing tax returns for his firm, has been sentenced to 41 months in prison after pleading guilty to not filing his own federal income tax returns in 2005, 2006 and 2007. Steven Frank Boitano was also convicted by a jury on three counts of filing false tax returns for 2001, 2002 and 2003.

Boitano, 58 years old, was indicted on Aug. 25, 2011 with the plea and convictions both occurring in August. He was also ordered to pay $181,910 in restitution.

Boitano was a partner in the firm Boitano, Sargent & Lily where he prepared tax returns and provided accounting related services to clients, and was also responsible for preparing the tax returns for his accounting firm. From 2001 through 2007, his annual income was at least $275,000. But between 1991 and 2007, he failed to file returns and requested extensions, which he did not meet, and continued to fail to file despite being audited by the Internal Revenue Service at least twice during the 16 years in question.

Then when he met with an IRS revenue agent on Sept. 4, 2009, he filed returns for 2001, 2002 and 2003 which reported estimated tax payments of $26,000, $38,000 and $57,000, which he never actually made. He claimed refunds for each year.

Boitano, who will begin serving the sentence on May 29, was also sentenced to one-year of supervised release and fined $10,000

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