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Special Investigations News Release

For Immediate Release: Sept. 11, 2012

Former Kubota Store Manager Arrested for Sales Tax Evasion and Theft

Nashville, Tenn. - The Special Investigations Section of the Tennessee Department of Revenue conducted the investigation that led to the arrest of the former manager of Murfreesboro Kubota on charges of sales tax evasion and theft. On Sept. 7, 2012, Irvie W. Loudermilk, Jr., age 55, turned himself in to officials at the Rutherford County Jail.

On Sept. 5, 2012, Loudermilk was indicted by a Rutherford County Grand Jury on multiple Class E felony counts of sales tax evasion in violation of Tenn. Code Ann. Section 67-1-1440 and one Class C felony count of Theft of Property over $10,000 in violation of Tenn. Code Ann. Section 39-14-103. The indictments charge Irvie W. Loudermilk, Jr. with willfully attempting to evade or defeat sales tax during the period Jan. 2011 through Dec. 2011. Loudermilk was the general manager of Murfreesboro Kubota in Murfreesboro, Tennessee during the period.

"I believe these investigations will serve as a reminder that retailers are not entitled to use or keep sales tax monies," said Revenue Commissioner Richard H. Roberts. "When sales tax revenues are collected by a retailer they are at all times property of the state or local government and must be remitted to the state. Consumers who pay the tax deserve to know that the money will be used by the state and local governments for the common good."

If convicted, Loudermilk could be sentenced to a maximum of two years in the state penitentiary and fined up to $3,000 for each count of attempted sales tax evasion and a maximum of six years in the state penitentiary and fined up to $10,000 for theft of property.

This case was pursued criminally by the department in cooperation with District Attorney General William Whitesell's office. Citizens who suspect violations of Tennessee's revenue laws should call the toll-free tax fraud hot line at (800) FRAUDTX (372-8389).

In addition to collecting state taxes, over $2.0 billion of local sales and business taxes were collected by the department for local governments during the 2012 fiscal year. Besides collecting taxes, the department enforces the revenue laws fairly and impartially in an effort to encourage voluntary taxpayer compliance. The department also apportions revenue collections for distribution to the various state funds and local units of government. To learn more about the department, log on to www.TN.gov/revenue.

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