CODE OF VIRGINIA EFFECT OF TAX COMMISSIONER’S AFFIDAVIT AS EVIDENCE (§ 58.1-110) In any judicial proceeding, civil or criminal, involving any tax administered by the Department, a duly executed affidavit by the Tax Commissioner may be accepted by the court as prima facie evidence as to whether or not a tax return has been filed or the tax has been paid. HISTORY: Code 1950, § 58-48.5; 1972, c. 350; 1984, c. 675.