Failed to report 1.7 million dollars in income on two restaurants resulting in a tax loss of more than 500,000 dollars Date: December 19, 2023 Contact: newsroom@ci.irs.gov The 45-year-old former owner of two Snohomish County restaurants was sentenced today in U.S. District Court in Seattle to 10 months in prison, a $10,000 fine and two years of supervised release for tax evasion announced Acting U.S. Attorney Tessa M. Gorman. Si Yong Kim failed to pay taxes on more than $1.7 million in income at two sushi restaurants: Oshima and Si Joy. At the sentencing hearing, U.S. District Judge James L. Robart was particularly incensed that Kim had taken government aid in the form of Paycheck Protection Program loans during the pandemic. "Here is a man who is withholding his taxes to the treasury but is perfectly willing to take taxes from the treasury to keep his businesses afloat…. It is highly troublesome that this went on for an extensive period of time," Judge Robart said. "Our tax system operates on an honor system where we expect our taxpayers to pay their fair share," said Acting U.S. Attorney Gorman. "In this case Mr. Kim didn't cheat to keep his restaurants afloat, rather he used the money that should have gone to taxes for expensive watches, designer shoes and accessories, and jewelry. He used the money for investments and to pay off the mortgage on his home in Mukilteo. That conduct is an affront to all who scrimp and struggle to pay their fair share." According to records filed in the case between 2016 and 2020, Kim underreported the income at his restaurants by more than $1.7 million. He did this by keeping cash proceeds and periodically depositing the cash to his personal bank account or keeping the cash at his home. He paid his employees in cash and failed to pay over various employment taxes. He also overestimated the costs associated with the two restaurants. When law enforcement executed a search warrant at Kim's Mukilteo home and at his businesses in June 2022, they discovered he kept handwritten books in which he documented the actual gross income and legitimate expenses for his restaurants and noted a separate figure—a "CPA number"—that provided to his accountant for tax purposes. The CPA number omitted the cash receipts for his restaurants and understated credit card charges as well. The search also revealed an extensive collection of designer goods, large amounts of cash, and records that indicated employees were paid under the table. Kim also used the proceeds from his scheme to invest in properties in Georgia and to pay off his home mortgage. An analysis by the Internal Revenue Service Criminal Investigation revealed that in each calendar year from 2016 to 2020 Kim failed to report his actual income for each restaurant. In 2017 he failed to report more than $586,395 in income. Kim has paid restitution of $511,750. In asking for a one-year prison sentence, Assistant United States Attorney Lauren Watts Staniar noted that the public needs to see that there is punishment for illegally evading taxes. Kim's "tax fraud was meticulous and deliberate: he kept thorough handwritten books for his restaurants in which he calculated income and expenses. At the end of each month, he wrote down a 'CPA Number' that omitted his restaurants' cash receipts and understated credit card receipts by several thousands of dollars…. He ha(d) cash stashed throughout his home, drives luxury cars, and proudly displays Rolex watches in a locked case. This is not a circumstance in which a struggling business owner underreported income to keep the lights on. Kim had the means to pay his taxes, he just chose not to." In court today Kim's lawyer said he had already sold the sushi restaurant in Everett. The case was investigated by the Internal Revenue Service Criminal Investigation (IRS-CI). The case is being prosecuted by Assistant United States Attorney Lauren Watts Staniar.
