UNDERCOFLER v. CAPITAL AUTOMOBILE CO.

41174.

111 Ga. App. 707 (1965)

143 S.E.2d 206

UNDERCOFLER, Commissioner v. CAPITAL AUTOMOBILE COMPANY.

Court of Appeals of Georgia.

Decided May 20, 1965.


Attorney(s) appearing for the Case

Eugene Cook, Attorney General, William L. Harper, John A. Blackburn, Assistant Attorneys General, Melvin Thompson, for plaintiff in error.

Westmoreland, Hall & Pentecost, John L. Westmoreland, Jr., contra.


BELL, Presiding Judge.

1. Taxpayer is engaged as a dealer in the business of selling automobiles at retail. In computing the Georgia sales tax upon its sales of automobiles for the taxable period in question, taxpayer deducted from gross sales the federal manufacturer's excise tax imposed upon automobiles by 26 U. S.C. (I.R.C. 1954) § 4061. Also, it is apparent from the record that the amount of taxes collected by taxpayer from its purchasers was based upon exclusion...

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