E-mail Story
Print Friendly
Send E-mail
Reprint story
Saturday, June 20, 2009
N.M. Warns Garduño's Over Taxes
By Rivkela Brodsky
Copyright © 2009 Albuquerque Journal
Journal Staff Writer
Garduño's is in trouble with the tax man.
The state Taxation and Revenue Department contends that the popular Mexican restaurant chain owes $750,739 in gross receipts taxes and is asking for a court order to stop it from doing business until it pays up.
The state also filed tax liens against the company with the Bernalillo County Clerk's Office.
Mike Calcaterra, CEO of Tortilla Inc., dba Garduño's, said the company owned by David Garduño has been making monthly payments on taxes that date to 2007. He said that most of the debt was incurred in 2008 and that the amount of taxes in arrears is less than half of the $750,000 the state is seeking.
"We are paying our bills," Calcaterra told the Journal on Friday. "The issues with the state of New Mexico will be worked out."
"We've been working with them for six months, and we made a partial payment on Monday," he said. As for why the department filed the injunction Tuesday, he said, "you'd have to ask them."
The Office of Taxation and Revenue Secretary Rick Homans declined to answer Journal questions, saying it could not comment on the case.
But, in court documents, the department said the company "is now, and has chronically been, a delinquent taxpayer..."
In May, the state demanded that the company furnish security of more than $1 million in the form of a savings account, bond or irrevocable letter of credit to "ensure payment of tax due or reasonably expected to become due from you."
Calcaterra said there are reasons behind the debt, but he would not go into detail.
"It's had us in a difficult spot, but we've worked it out," he said.
The back taxes do not reflect current financial issues, he said.
"It's mostly historic issues rather than current issues," Calcaterra said. "To the state of New Mexico, it makes no difference. If you owe money, you owe money."
Garduños has a lawyer working on the case, he said, and the company will not be forced to stop doing business.
"I don't think it's going to happen," he said. "I don't think the state of New Mexico will be served well from putting 500 people out of work."
The filing gives the company 15 days to respond to the summons.
In an interview at the beginning of the month, Calcaterra said the business, which has six locations in the state, was off only by small percentages. El Pinto recently took over a Garduño's Sunport location run by a franchise of the company.
"It's not an easy financial situation these days, but we're working on our problems," Calcaterra told the Journal on Friday.
He also confirmed that Garduños is still planning to open four locations of its new fast, casual concept called Old Gringos Mexican Grill.
You also can send comments via our comment form
|
|
