BLACKMON v. GABLE INDUSTRIES

49061, 49086.

132 Ga. App. 354 (1974)

208 S.E.2d 101

BLACKMON v. GABLE INDUSTRIES, INC.; and vice versa.

Court of Appeals of Georgia.

Decided April 22, 1974.

Rehearing Denied July 11, 1974.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, H. Perry Michael, Lauren O. Buckland, Assistant Attorneys General, for appellant.

Troutman, Sanders, Lockerman & Ashmore, Carl E. Sanders, Dale M. Schwartz, for appellee.


STOLZ, Judge.

The plaintiff taxpayer bases its claim upon the contention that the qualifying phrase (which we have italicized) in the provision of Code Ann. § 92-3202, "The income of two or more corporations shall not be included in a single return except with the expressed consent of the Commissioner," which was added by Ga. L. 1941, pp. 210, 219 (as amended by Ga. L. 1943, p. 109), gave it the right to file a consolidated income tax return, having...

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