Blank v. Collins

Smith, Presiding Justice.

Appellee Marcus Collins, the revenue commissioner, assessed an intangible tax on certain shares of Home Depot stock owned by the appellants, and the appellants seek a reversal of a trial court order upholding the assessment. We reverse.

Home Depot was incorporated in Delaware in 1979, but it has always maintained its principal corporate headquarters in Georgia and it operates under a Georgia certificate of authority. The revenue commissioner treated the Home Depot shares like those of a domesticated foreign corporation for intangible tax purposes, OCGA § 48-6-22 (7),1…