Albany County Man To Serve Jail Time For Falsely Claiming State Tax Credits

ALBANY, NY (02/16/2010)(readMedia)-- New York State Department of Taxation and Finance Acting Commissioner Jamie Woodward announced today that James D. Castle, Sr., of 18 N. Erie St., Cohoes, was sentenced February 11 before Albany County Supreme Court Judge Dan Lamont to up to three years in state prison for filing fraudulent state personal income tax returns for 2007 and 2008 that reported tax credits for heating units and fuel he was not entitled to claim.

Castle, 41, pled guilty in December 2009 to one count of offering a false instrument for filing in the first degree, a class E felony.

Castle was also ordered to pay $2,000 in restitution to New York State.

The charge arose from a personal income tax desk audit. The Department's Special Investigations Unit then conducted an investigation that revealed Castle falsely claimed tax credits on his 2007 and 2008 state personal income tax returns. Castle's 2007 state tax return claimed credits for purchasing new furnaces for his home. The following year, Castle's state tax return claimed purchases of 75,000 gallons of bio-diesel to heat his home.

Acting Commissioner Woodward said, "The Tax Department, with support of county prosecutors around the state, is aggressively pursuing those who try to illegally obtain tax credits. These scofflaws force New Yorkers to shoulder a greater share of the tax burden, taxes that pay for essential services such as health care, education and transportation. I wish to thank Albany County District Attorney P. David Soares and his staff for their assistance in this case.

"This criminal prosecution is the result of the Department's substantial increase in its commitment to criminal tax enforcement. Delinquent taxpayers who are not yet under audit or investigation are encouraged to avoid penalties or criminal prosecution by participating in the Department's Voluntary Disclosure and Compliance Program. For more information about these programs, go to the Department's website at www.nystax.gov."

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