Owner of Nantucket painting company

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BOSTON – The owner of a commercial and residential painting business on Nantucket was sentenced yesterday in connection with an income diversion and payroll tax scheme resulting in a tax loss that exceeded $2 million.

Durvan C. Lewis, 51, of Nantucket, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to two years in prison, two years of supervised release and a fine of $10,000. Lewis was also ordered to pay $2,084,852 in restitution to the IRS. On Feb. 10, 2021, Lewis pleaded guilty to one count of tax evasion and one count of failure to pay over taxes.

Lewis owned and operated a painting business known as DCL Painting. From 2014 through 2017, Lewis diverted over $1.5 million of DCL Painting’s gross receipts to his personal bank account and failed to report the diverted receipts to his tax preparer. In addition, during the tax quarters ending March 31, 2012 through Sept. 30, 2019, Lewis paid over $5 million in wages to DCL Painting’s employees in cash “under the table.” As a result of his conduct, Lewis underreported his personal income tax obligations, as well as failed to report and pay over to the IRS the employment taxes owed on the cash wages. In total, Lewis caused a loss to the IRS of $2,084,852.

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