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Three Fannin County Business Owners Indicted for Tax Theft

PRESS ADVISORY

Three Fannin County Business Owners Indicted for Tax Theft

May 13, 2011

Three Fannin County business owners have been indicted for failing to pay local and state sales taxes. Daniel and Holly Kaylor, owners of Kaylor Mountain Cabin Rentals, allegedly collected but did not remit $154,169.96 in combined state and local sales taxes for the years of 2004 – 2008. Misti Butler, owner of Mountain Getaway Cabin Rentals, allegedly collected but did not remit $166,874.03 in combined state and local sales tax during this same time period. 

The three were each charged with two counts of Theft by Taking (O.C.G.A. § 16-8-2), a felony punishable by up to 10 years imprisonment and a fine of up to $100,000.00 for each count, and one count of Unlawful Conversion of Funds Collected for Benefit of State (O.C.G.A. § 48-1-5), a felony punishable by up to ten years imprisonment and a fine of up to $100,000.00.

Assistant Attorney General Greg Lohmeier is prosecuting the case on behalf of the State of Georgia. Lohmeier presented the case to the Fannin County Grand Jury on May 9, 2011, and indictments were filed on May, 11, 2011 in Fannin County Superior Court. The case was investigated by Michael McCain of the Georgia Department of Revenue.

Members of the public should keep in mind that indictments contain only allegations against the individual(s) against whom the indictment is sought. A defendant is presumed innocent until proven guilty, and it will be the government’s burden at trial to prove the defendant guilty beyond a reasonable doubt of the allegations contained in the indictment.