Brick Asphalt Company Owner Gets 1 Year On Payroll Tax Charges

TRENTON, NJ— The owner of a Brick Township asphalt company has been sentenced to 366 days in prison on charges he failed to pay employment taxes to the IRS, authorities said.

Donato DiPasquale, 57, owner of Stars-N-Stripes Asphalt Maintenance, also was ordered by U.S. District Judge Peter G. Sheridan to serve three years on supervised release and pay restitution of $435,270.58, of which he already has paid $307,404.79, authorities said.

As the owner and operator of Stars-N-Stripes, DiPasquale was responsible for collecting, accounting for and paying over payroll taxes for his employees. He also was required to file IRS Form 941, Employer’s Quarterly Federal Tax Returns, reflecting the employment taxes that the business had withheld and paid to the Internal Revenue Service each quarter.

DiPasquale admitted that for the third quarter of 2015, he failed to file the form and failed to pay over $26,633.36 in payroll taxes on behalf of his employees. For tax years 2010 through 2015, DiPasquale failed to pay over about $435,270.58 in employment taxes, IRS officials said.

"Investigating and prosecuting business owners who intentionally fail to pay their employment tax obligations is a priority for IRS-Criminal Investigation," said Michael Montanez, Special Agent in Charge of the Newark field office of the IRS Criminal Investigation unit. "Today’s sentencing is a reflection of just how serious the courts view these crimes and Mr. DiPasquale is now a convicted felon with a prison term to serve."

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