A Santa Clara County man today was sentenced to 45 days in county
jail and five years probation for providing false information on
a state income tax return, according to the Franchise Tax Board
(FTB).
Joseph Lubinski, 47, of Cupertino, was arrested last September and charged with filing a false state income tax return in 1994 and providing false information regarding a state tax return in 1994.
In issuing the sentence, Santa Clara County Superior Court Judge Charles W. Hayden also ordered Lubinski to pay FTB more than $39,000 in restitution and to comply with state and federal tax laws.
In February, Lubinski pleaded guilty to providing false information to FTB. Investigators say Lubinski, an engineer and musician, failed to report $162,000 in insurance recovery income he received as a result of a casualty loss and owes the state more than $39,000 in delinquent taxes, penalties and interest.
The case was forwarded to FTB investigators following an audit of the casualty loss that offset all of Lubinski's income for 1992-1994. Investigators say Lubinksi failed to report the insurance recovery in 1994 and provided false statements regarding the recovery during the audit.
Santa Clara County Deputy District Attorney Scott Tsui prosecuted the case.