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GIBSON v. COM.

Record No. 1246-06-4.

649 S.E.2d 214 (2007)

50 Va. App. 285

James Leonard GIBSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

August 28, 2007.

Attorney(s) appearing for the Case

Spencer D. Ault, for appellant.

Eugene Murphy, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: FRANK and CLEMENTS, JJ., and FITZPATRICK, Senior Judge.

JEAN HARRISON CLEMENTS, Judge.

James Leonard Gibson (appellant) was convicted in a bench trial of three counts of failure to pay tax, in violation of Code § 58.1-1815. On appeal, he contends the trial court erred in (1) concluding he was subject to conviction under Code § 58.1-1815 despite the fact that he truthfully accounted for his company's tax obligations and took no affirmative action to evade the assessment or payment of those obligations, (2) deciding...

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