Red River business owner sentenced for federal tax conviction

Owner of café and ski shop sentenced and ordered to pay $182,771 in restitution

Robert Baños, 46, of Red River was sentenced late yesterday afternoon (Feb. 6) in Albuquerque federal court to 15 months of imprisonment followed by one year of supervised release and ordered to pay $182,771 in restitution to the IRS, which covers the amount involved in the criminal activity 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, New Mexico, in Taos County. He was indicted April 12, 2016, and charged with five counts of filing false tax returns. Baños was charged with violating 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. 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 his sentencing today (Feb. 7).