Giesecke v. Department of Taxation

By Judge Rosemarie Annunziata

The plaintiffs in this case, Hans D. Giesecke and his wife Patricia A. Giesecke, have brought this action asking the Court to declare proper certain tax credits they applied to their payment of Virginia income tax in 1990 and 1991, and to further declare that the Commonwealth’s disallowance of the credits is invalid. The relevant facts are as follows.

Mr. Giesecke is a shareholder in a Delaware Corporation which elected to be treated as a sub-chapter S corporation under the tax laws of the United States. During the periods relevant to this matter, the Corporation…