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Friday, November 06, 2009
Garduño's, State Reach Tax Agreement
By Rivkela Brodsky
Journal Staff Writer
Garduño's and the state announced Thursday that they have reached a payment plan agreement over the restaurant's $953,000 tax debt and that Garduño's will remain open.
Secretary of State Rick Homans enjoyed lunch at the Winrock location before announcing the deal at a news conference with David Garduño, owner and founder, and CEO Mike Calcaterra.
“I paid my bill and gross receipts tax and can testify that this restaurant still serves one of the best enchiladas in New Mexico,” Homans said at the news conference. “I had a great lunch.”
Under the agreement, Garduño's agrees to pay its entire tax tab with the state — more than $953,000, including penalties and interest — under a 60-month installment plan.
The agreement approved by judge Daniel Sanchez in Santa Fe District Court on Thursday morning dissolves the injunction that would have stopped the restaurant chain from doing business.
Tortilla Inc., the parent company of Garduño's, paid $25,000 as well as its September taxes upon signing the agreement. It will pay $86,000 on Dec. 1, and continue to make monthly payments due on the 10th of each month as well as continue to pay its future gross receipts taxes. Existing liens placed on the company by the state will remain until the debt is paid.
An injunction to stop the company from doing business was issued in an Oct. 20 court hearing after Tortilla Inc. failed to follow terms of a continuance order issued in July. That order included keeping up with its current taxes and making good-faith payments of $7,976.70 monthly to the state.
During that time, Garduño's sent three letters to the state explaining why it should not owe penalties. All were denied.
After the hearing and in a letter e-mailed to the Journal the following day, Garduño's officials said $2 million embezzled by a former employee was to blame for its tax problems — although Homans has maintained the tax default developed after the executive in question left the company.
Garduño's has five locations and 450 employees.
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