The co-owner of an upscale Tucson restaurant was sentenced Monday to a year in federal prison on a charge that she filed a false income tax return.
Mary Brooke Martino, who co-owned the recently closed Anthony’s in the Catalinas with her husband, Anthony Martino, is expected to surrender Oct. 18 to serve her sentence in a federal facility possibly near Phoenix, said IRS Special Agent Brian Watson .
Watson said that Martino’s attorney, Donald W. MacPherson, asked the court to consider allowing her to be placed in an all-woman’s facility near Phoenix. U.S. District Judge David C. Bury did not decide the issue Monday, Watson said.
The sentencing comes more than two years after Martino reached a plea agreement that let her admit to a single count of filing a false tax return. But in court documents, she admitted she had not filed returns for her and her husband for several years and had diverted $100,000 a year for several years from the restaurant to their personal account.
Martino ran the business end of Anthony’s in the Catalinas, at 6440 N. Campbell Ave., while her husband ran the food and catering ends.
Neither MacPherson nor Martino could be reached for additional comment on Monday.
In court documents, Martino had asked the judge for probation, arguing that without her the restaurant would have to close and let go its 42 employees. But Anthony Martino abruptly closed the restaurant on Labor Day.
In an amended presentencing report filed with the court on Sept. 11, MacPherson asked that Martino be spared prison based on her deteriorating mental, physical and emotional health — arguments the judge ignored in handing down the prison sentence.
Watson said the Martinos still owe the government for back payroll and income taxes, but he didn’t have the figures available Monday afternoon.