Mushroom Farmer’s Miscalculated Tax Sentence Vacated on Appeal

The president of a family-run mushroom farming business was wrongly sentenced to 46 months in federal prison for failing to pay employment taxes, the Third Circuit said Tuesday, vacating and remanding her sentence.

Donna Fecondo of Joseph Silvestri & Son Inc. was indicted for failure to pay employment taxes for 2015 and 2016 under IRC Section 7202 and failure to file both corporate and individual income tax returns for the same years. But a lower court improperly included the company’s share of employment taxes in the calculation of her sentence, Judge L. Felipe Restrepo said for the US Court of ...