DEPT. OF REV. v. SAWNEE ELECTRICAL

No. A03A2564.

593 S.E.2d 756 (2004)

265 Ga. App. 320

DEPARTMENT OF REVENUE v. SAWNEE ELECTRICAL MEMBERSHIP CORPORATION.

Court of Appeals of Georgia.

Certiorari Granted May 24, 2004.


Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Daniel M. Formby, Deputy Atty. Gen., Warren R. Calvert, Senior Asst. Atty. Gen., Stefan E. Ritter, Asst. Atty. Gen., Alex F. Sponseller, Atlanta, for appellant.

Jackson & Tyler, H. Bruce Jackson, John P. Tyler, Anthony J. Rollins, Atlanta, for appellee.


ANDREWS, Presiding Judge.

Sawnee Electric Membership Corporation (Sawnee), claiming an overpayment of sales tax, sued the Georgia Department of Revenue (DOR) seeking a refund of sales taxes collected by Sawnee when it sold electricity to its members. Because only the members who paid the sales tax have standing to claim a refund, we find Sawnee lacked standing, and the trial court erred by denying the DOR's motion to dismiss.

Under Georgia sales and use tax...

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