A Chester man was sentenced to two years in prison for willful failure to account for or pay over employment taxes. According to court documents, David Neel, 63, was the sole owner and operator of several sleep disorder centers in central Virginia including Siesta Health LLC, Healthy Sleep LLC, and Healthy Sleep Partners, LLC. Neel withheld federal trust fund taxes from his employees’ wages, but failed to report those withholdings or pay them over to the Internal Revenue Service (IRS), and instead kept the withheld funds for his own personal use. Trust fund taxes consist of withholdings for federal income taxes, and employee contributions to Medicare and Social Security.
Neel did not file an IRS Form 941 (Employer’s Quarterly Federal Tax Return) in the name of any of his sleep disorder companies from at least the first quarter of 2015 through the last quarter of 2020 and did not make any trust fund tax payments to the IRS. Nonetheless, Neel issued W-2s to his employees indicating that he had withheld a total of at least $311,985 in trust fund taxes for this period. Neel also failed to pay over the employer’s share of Medicare and Social Security contributions for those and other quarters, totaling at least $148,558. The total amount Neel failed to pay to the IRS was at least $460,543. During the periods Neel failed to pay the required employee withholdings and matching amounts, he had access to significant company funds, which he used to bankroll his lavish personal expenses.
