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The first six months of Scott Benincasa's probation will be served as home confinement. He was also ordered to perform 120 hours of community service, pay a $15,000 fine, and make full restitution to the IRS.
Benincasa and his brother, David Benincasa, 35, were 50 percent owners in Goodhouse Flooring. David Benincasa assisted Scott Benincasa with the daily operations of the business, but he had primary responsibility for the financial aspects of the business. For the 2008 through 2010 tax years, the brothers intentionally understated gross receipts from their business on the Schedule C attached to their respective federal personal income tax filings, according to court documents.
The brothers failed to accurately report the expenses incurred in running their business, as they paid certain laborers who worked for their business in cash and then failed to reflect the cash payments on their filed returns. An IRS civil audit revealed that was Scott Benincasa submitted a false real estate log and business schedule in an effort to improperly justify previously taken deductions on his 2009 federal personal income tax return, according to court documents.
Scott Benincasa pleaded guilty to one count of filing a false tax return, and David Benincasa pleaded guilty to one count of tax evasion on Oct. 28, 2015.
David Benincasa faces a maximum term of imprisonment of five years when he is sentenced on Jan. 25. He also has agreed to pay $238,274 in back taxes, plus applicable interest and penalties.
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