A Salt Lake man who investigators say hasn't filed a state income tax return since 2001 has been charged in 3rd District Court.

Gary May, 38, was charged with five counts of failure to file income tax returns, all third-degree felonies, for 2001 through 2005. Utah State Tax Commission spokesman Charlie Roberts said investigators believe May was working and earning money, between $50,000 to $134,000 a year, during that time.

"He has had a steady stream of income and a steady job," he said.

Filing charges against someone for failing to file state tax returns is actually rare. Only between six to 12 people are charged with that crime in Utah each year, Roberts said. Once the state discovers the illegal activity, it'll confront the person and work with that person to get the money paid.

But after being given so many opportunities, Roberts said sometimes "criminal charges must be filed to make things happen."

"Our interest is to get the taxes paid," he said.

Because the State Tax Commission only deals with Utah income taxes, Roberts said his office did not have evidence to determine whether federal income tax returns had been filed.

May, 38, posted bail and is scheduled to appear in court Oct. 11.

The case will be prosecuted by the Utah Attorney General's Office. If convicted, each charge carries a possible penalty of up to five years imprisonment.