Tax Type
Corporation Income Tax
Description
Abatement of liability; Responsible corporate officer
Topic
Collection of Delinquent Tax
Date Issued
11-29-1994
November 29, 1994
Re: §58.1-1821 Application; Corporation Income Tax
Dear*****************
This will reply to your letter of September 24, 1993, in which you protest an assessment of corporation income tax owed by *********(the "corporation") against **********as a responsible officer under Va. Code §58.1-1813 (the "officer"). I apologize for the delay in responding.
After reviewing the material submitted we are satisfied that at the close of the 1991 taxable year and at all subsequent times the *****lacked sufficient funds to pay its Virginia income tax liability and that there is no evidence that ******engaged in transactions with the******with the intent to siphon off funds. Therefore, the failure of the****** to pay its Virginia tax liability cannot be attributed to any willful conduct of********.
Accordingly the assessment against*******as a responsible officer for the****1991 taxable year will be abated in full.
Sincerely,
Danny M. Payne
Tax Commissioner
OTP/7542C
Rulings of the Tax Commissioner