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VA P.D. 16-7 Individual Income Tax 2015-05-06

What result is verifiable from the published order in Karl Edward Beisel v. Virginia Department of Taxation?

Short answer: The Chesapeake Circuit Court granted the Department's demurrer and dismissed Karl Edward Beisel's case with prejudice in a final, appealable order. The published source says the reasons were in an April 10, 2015 letter opinion, but that opinion is not included, so the tax issue and reasoning cannot be verified from this document.

Apply this to your situation

This page answers the general question as of 2015. Ezel answers yours, under current Virginia tax law, with citations.

Currency note: this ruling is from 2015
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is a final order of the Circuit Court of the City of Chesapeake, published by the Virginia Department of Taxation. It is a trial-court disposition, not a Tax Commissioner ruling or binding statewide appellate precedent. The published document omits the April 10, 2015 letter opinion containing the court's reasons, so this page does not infer the underlying tax issue or legal analysis. This summary is informational only and is not legal or tax advice. Consult a licensed Virginia tax professional or attorney about your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Subject

Court Case: Karl Edward Beisel v. Virginia Department of Taxation and Craig Burns

Plain-English summary

The published document is a short final order from the Circuit Court of the City of Chesapeake. Karl Edward Beisel sued the Virginia Department of Taxation and Tax Commissioner Craig Burns.

The court granted the defendants' demurrer and dismissed the case with prejudice, making the order final and appealable. The order states that the reasons appeared in a letter opinion dated April 10, 2015.

That letter opinion is not included in the Department's published source. The order itself does not identify the tax dispute, the claims, or the court's reasoning. Those details therefore remain unresolved on this page rather than being inferred.

Common questions

Who won? The Virginia Department of Taxation and Tax Commissioner; the case was dismissed with prejudice.

Why was it dismissed? The published order does not say. It refers to an omitted April 10, 2015 letter opinion.

Can this page describe the underlying tax rule? No. The available official source does not provide enough text to ground one.

Citations and references

  • Karl Edward Beisel v. Virginia Department of Taxation and Craig Burns, Case No. CL15-2 (Chesapeake Circuit Court order entered May 6, 2015).

Source

Original ruling text

VIRGINIA:

IN THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE

KARL EDWARD BEISEL,

Plaintiff

v. Case No. CL15-2

THE VIRGINIA DEPARMENT OF TAXATION
and CRAIG BURNS.

Defendants.

ORDER

This matter having come before the Court on the Demurrer of the Defendants, the Plaintiff having responded thereto, the Court having received argument from the parties on March 4, 2015, and upon consideration of the same, issued a Letter Opinion dated April 10, 2015,

IT IS ORDERED:
For the reasons stated in the Letter Opinion, the Demurrer is granted and this matter is hereby dismissed with prejudice.

This is a final and appealable order. There is no just cause for delay.
The Clerk is directed to forward a copy of this order to all parties.
Entered 6 th day of May 2015.

Hon. John W. Brown, Judge
Chesapeake Circuit Court

See Attached endorsement

CERTIFIED TO BE A TRUE COPY
OF THE RECORD IN MY CUSTODY,
FAYE W. MITCHELL, CLERK
CIRCUIT COURT, CHESAPEAKE, VA

BY : ____
Deputy Clerk

Order tendered by:
Duncan Pitchford
Mark R. Herring
Attorney General

John W. Daniel, II
Deputy Attorney General

Heather Hays Lockerman
Senior Assistant Attorney General & Section Chief

J. Duncan Pitchford (VSB No. 87065)
Assistant Attorney General III
Counsel of Record

Office of the Attorney General
Commonwealth of Virginia
900 East Main Street
Richmond, Virginia 23219
(804) 371-0977 — Office
(804) 786-2650 — Facsimile
[email protected]

Seen: and objected to for the reasons set forth in the pleadings and on the record at oral argument.

Michael L. Donner, Sr., Esq.
CARREL BLANTON FERRIS AND ASSOCIATES, PLC
7275 Glen Forest Drive, Suite 310
Richmond, Virginia 23226
Telephone: (804) 285-7900
Facsimile: (804) 767-8390
[email protected]

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