SWARTZ v. ATKINS


315 S.W.2d 393 (1958)

Frank SWARTZ, etc. v. Z.D. ATKINS, etc.

Supreme Court of Tennessee.

July 11, 1958.


Attorney(s) appearing for the Case

R. C. Boyce, Jr., Nashville, for appellant.

George F. McCanless, Atty. Gen., Allison B. Humphreys, Sol. Gen., and Milton P. Rice, Asst. Atty. Gen., for appellee.


BURNETT, Justice.

Swartz has filed this suit to recover a penalty that he paid for delinquency in paying certain use taxes. The penalty was assessed along with sales and use taxes under Section 67-3001 et seq., T.C.A., and was particularly the five per cent penalty for delinquency in making payment under Section 67-3026, T.C.A. The reason advanced by Swartz for this delinquency, that is, not paying the tax when due, was his unawareness of the fact that taxes were...

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