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Unpaid taxes apparently lead to closure of chocolate-themed Denver restaurant

August 24, 2023
Chocolate Lab chocolate lasagne_Yelp photo

A photo of Chocolate Lab's chocolate lasagna, posted on Yelp in March by a diner. The Denver, Colorado, eatery now is closed, apparently due to delinquent taxes.

Even before The Bear started streaming, it was no secret that running a restaurant is difficult.

In addition to culinary responsibilities, restauranteurs must tend to zoning issues, health department inspections, and labor concerns. And, of course, there are tax matters.

It's that last one that apparently has led to the closure of Denver's only chocolate-centric restaurant.

I know, you wish you had made it to the Mile High City to try out Chocolate Lab before it stopped serving. Me, too, since I do like mole sauce used in many Mexican recipes. But despite some of Chocolate Lab's glowing online reviews, I must admit that I'd probably stick with its desserts and beverages.

Labor, operating costs…and taxes: Initially, restaurant owner Phil Simonson responded to a customer's Google review by citing "current employment issues and the increased costs of operating" as the reason he "had to make the tough decision to close down."

But there's more to the story, according to The Denver Post.

The newspaper reports that a tax seizure notice is in the window of Chocolate Lab's now-closed space in the Hilltop neighborhood. It reads —

Quotation-marks-quote

This personal property is in possession of the Manager of Finance, Ex-Officio, Treasurer, City and County of Denver, State of Colorado, by virtue of a distraint warrant issued for the collection of unpaid taxes.


Warrant before seizure, sale:
Topic No. 48 in Denver's tax guide says a distraint warrant, which is served by the sheriff, indicates the amount of overdue taxes, the due date, and instructions regarding the removal or destruction of any property within the business.

If taxes continue to be delinquent, the property is usually seized, and ultimately sold to cover some, if not all, of the unpaid taxes.

A spokesman with the Denver Department of Finance told the newspaper that property seizure and sale usually is a last resort.

The Chocolate Lab had been in business since 2010. It moved in February to the location that's now closed. Will it be able to settle its tax debt and reopen?

Its fans hope so, but right now, signs aren't encouraging. Simonson's online reply seemed pretty final, ending with, "I am sorry you were not able to enjoy the amazing creations we once had."

You also might find these items of interest:

 

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The More Tax Posts tab at the top of this page will take you to, well, more tax posts. You also can search below for a tax topic. 

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TO WRAP UP 2026

It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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