ANDERSON v. BLACKMON

45758.

123 Ga. App. 128 (1970)

179 S.E.2d 657

ANDERSON v. BLACKMON.

Court of Appeals of Georgia.

Decided December 3, 1970.

Rehearing Denied December 17, 1970.


Attorney(s) appearing for the Case

Thompson & Benken, Louis A. Thompson, for appellant.

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, William L. Harper, Timothy J. Sweeney, Assistant Attorneys General, for appellee.


HALL, Presiding Judge.

The sole issue is whether the ten-day notice to produce records and to appear before the Commissioner, as provided in Code Ann. § 92-3432a, is a condition precedent to a legal assessment. The pertinent parts of the section read as follows: "If any dealer subject to make and file a return required by any provision of this Chapter fails to render such return within the time required or renders a return which is false or fraudulent...

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