UNDERCOFLER v. MACON LINEN SERVICE

42046.

114 Ga. App. 231 (1966)

150 S.E.2d 703

UNDERCOFLER, Commissioner v. MACON LINEN SERVICE, INC. et al.

Court of Appeals of Georgia.

Decided September 6, 1966.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Louis F. McDonald, William L. Harper, H. Perry Michael, Assistant Attorneys General, for appellant.

Lipshutz, Macey, Zusmann & Sikes, John H. David, Jr., for appellees.


EBERHARDT, Judge.

1. When the tax imposed by the Sales and Use Tax Act (Ga. L. 1951, p. 360, as amended; Code Ann. Ch. 92-34A) is not paid by the purchaser of tangible personal property at retail to the retailer involved in the taxable transaction, the purchaser is, by § 2 (e) of the Act, as amended (Ga. L. 1960, p. 153, 154; Code Ann. § 92-3402a (e)) made a dealer himself, against whom the Commissioner may assess and collect the tax.

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