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STATE OF GEORGIA v. FULLER

35071.

90 Ga. App. 349 (1954)

83 S.E.2d 69

STATE OF GEORGIA v. FULLER.

Court of Appeals of Georgia.

Rehearing Denied June 29, 1954.

Attorney(s) appearing for the Case

Eugene Cook, Attorney-General, Geo. E. Sims, Jr., Assistant Attorney-General, John W. Wilcox, Jr., for plaintiff in error.

Walter Sanders, Charles Van S. Mottola, contra.

NICHOLS, J.

The first ground of Fuller's affidavit of illegality is based on Code § 92-3303 (a): "Except as provided in subsection (b) of this section, the amount of income taxes imposed by this law shall be assessed within three years after the return was filed, and no proceeding in court without assessment for the collection of such taxes shall be begun after the expiration of such period." It is provided in § 92-3303 (c) that, "When the assessment of...

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