Cary Businessman Pleads Guilty to State Tax Charges

Date: 6/7/2004

RALEIGH – A Cary businessman pleaded guilty Monday in Wake County District Court to tax charges filed by the North Carolina Department of Revenue.

David Lee Holmes, Jr., 33, of 1615 Burgess Hill Court, Apex pleaded guilty on June 7, 2004 to two counts of state sales tax evasion.

Wake County District Court Judge Robert Rader sentenced Holmes to two consecutive six- month minimum, eight-month maximum prison terms. The sentences were suspended and Holmes was placed on supervised probation for 36 months. He was also ordered to pay $38,232.56 in restitution to the Department of Revenue, a $100 criminal fine and perform 30 hours of community service.

The state's evidence showed that Holmes was owner of Capitol Kitchen Concepts, located at 11301-B Penny Road, Cary. From May 1, 2001 to April 30, 2003, he stopped filing and paying sales tax to the Department of Revenue even though he continued to charge sales tax on his invoices. Holmes failed to remit $25,659.03 in state sales tax and $11,573.53 in Wake County sales tax.

The charges against Holmes resulted from an investigation by an auditor with the Department of Revenue’s Raleigh Field Examinations Office and a special agent with the Department’s Criminal Investigations Division.

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