(Vestal, NY) – The former owner of the Vestal Diner, Nezir “Nick” Boljevic, 57, of Broome County, was sentenced this week in U.S. Federal Court in Utica to 12 months and 1 day in prison after pleading guilty to one felony count of willful failure to pay federal payroll taxes. Boljevic no longer owns or operates Vestal Diner.
In his guilty plea, Boljevic admitted that from 2007 through 2017, while he owned and operated the Vestal Diner on the Vestal Parkway next to Pudgies Pizza, he failed to report or make payroll tax payments to the Internal Revenue Service that had been withheld from his employees, including for Social Security and Medicare taxes.
To avoid IRS collection efforts, Boljevic repeatedly put Vestal Diner in the names of a series of nominee owners with different Employer Identification Numbers for tax purposes, even though Boljevic remained the owner and operator of Vestal Diner. In total, Boljevic failed to pay approximately $322,516 in payroll taxes to the IRS between 2007 and 2017.
The defendant will serve a three-year term of supervised release after he completes his prison sentence, and he was ordered to pay $322,516 in restitution to the IRS.
This case was investigated by Internal Revenue Service-Criminal Investigation Division and prosecuted by Assistant U.S. Attorney Michael F. Perry and former Assistant United States Attorney Andrew Beaty.