Luzerne County restaurant owners plead guilty to failing to pay required federal payroll taxes


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Date: March 31, 2021


Scranton — The United States Attorney's Office for the Middle District of Pennsylvania announced that Andrea Tomasino and Guiseppe Tomasino co-owners of Tomasino's Restaurante Italiano, located in Dallas, Pennsylvania, pled guilty today before U.S. District Court Judge Robert D. Mariani, to failing to collect and pay required federal payroll taxes.

According to Acting United States Attorney Bruce D. Brandler, Andrea and Guiseppe Tomasino, who were responsible, as co-owners of Tomasino's Restaurant Italiano, for collecting and paying to the Internal Revenue Service federal payroll taxes, including Federal Insurance Contribution Act (FICA) taxes, willfully failed to pay to the IRS these required taxes for a period from the first quarter of 2014 through the first quarter of 2019, in the total amount of $95,710.

These charges stem from an investigation by IRS Criminal Investigations. Assistant U.S. Attorney Jeffery St John is prosecuting the case.

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

The maximum penalty under federal law for this offense is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.