From Casetext: Smarter Legal Research

State of Georgia v. Thoni Oil Magic Benzol Gas Stations

Supreme Court of Georgia
Oct 22, 1970
178 S.E.2d 173 (Ga. 1970)

Opinion

25822, 25857.

ARGUED SEPTEMBER 14, 1970.

DECIDED OCTOBER 22, 1970. REHEARING DENIED NOVEMBER 18, 1970.

Certiorari to the Court of Appeals of Georgia — 121 Ga. App. 454 ( 174 S.E.2d 224).

Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, William L. Harper, H. Perry Michael, Assistant Attorneys General, for appellant.

Charles L. Weltner, for appellee.


We granted the writ of certiorari in this case to review the judgment of the Court of Appeals ( 121 Ga. App. 454) because it involved the authority of the State to collect taxes from a gasoline dealer under the Sales and Use Tax Act ( Code Ann. Ch. 92-34a), and raised questions of first impression in this court.

We have carefully reviewed the opinion of the Court of Appeals and after further consideration concluded that its judgment is correct, and it is unnecessary to add any further reasons than those set out in the Court of Appeals opinion.

Judgment affirmed. Mobley, P. J., Grice, Nichols and Felton, JJ., and Judges L. Elmo Holt and Osgood O. Williams, concur. Undercofler and Hawes, JJ., disqualified.

ARGUED SEPTEMBER 14, 1970 — DECIDED OCTOBER 22, 1970 — REHEARING DENIED NOVEMBER 18, 1970.


Summaries of

State of Georgia v. Thoni Oil Magic Benzol Gas Stations

Supreme Court of Georgia
Oct 22, 1970
178 S.E.2d 173 (Ga. 1970)
Case details for

State of Georgia v. Thoni Oil Magic Benzol Gas Stations

Case Details

Full title:STATE OF GEORGIA v. THONI OIL MAGIC BENZOL GAS STATIONS, INC.; and vice…

Court:Supreme Court of Georgia

Date published: Oct 22, 1970

Citations

178 S.E.2d 173 (Ga. 1970)
226 Ga. 883

Citing Cases

Blackmon v. Coastal Service, Inc.

The question presented is whether the Federal and State cigarette taxes are elements of the "cost of the…

Chilivis v. Rogers Oil Company

1. In a suit by a gasoline retailer against the State Revenue Commissioner for a refund of sales taxes…