Legal Opinion

Brosnan v. Undercofler

Court of Appeals of Georgia

Decided January 12, 1965No. 41029, 41030PublishedCited by 8 opinions

1Opinion of the Court

Jordan, Judge.

A deficiency tax assessment upon which an execution has been issued by the State Revenue Commissioner is presumed to be prima facie correct, and the burden is upon the taxpayer in his pleadings and proof to show clear and specific error or unreasonableness in the assessment. Head v. Edgar Bros. Co., 60 Ga. App. 482, 487 (4 SE2d 71).

The taxpayers’ attack upon the assessments and executions in issue here was predicated upon the grounds that the State Revenue Commissioner had refused to allow certain enumerated sums, designated as “sales discounts” and “bad debts,” as deductions…

2Cases cited3 opinions

  1. Fulton Bag & Cotton Mills v. WilliamsSupreme Court of Georgia · 1956
  2. Oxford v. ChanceCourt of Appeals of Georgia · 1961
  3. Head v. Edgar Bros.Court of Appeals of Georgia · 1939

3Cited by8 opinions

  1. Chepstow Limited v. Marshall B. HuntCourt of Appeals for the Eleventh Circuit · 2004
  2. Skelton v. B. C. Land Co.Supreme Court of Arkansas · 1974
  3. Citibank (South Dakota), N.A. v. GrahamCourt of Appeals of Georgia · 2012
  4. Undercofler v. WhiteCourt of Appeals of Georgia · 1966
  5. Undercofler v. BrosnanCourt of Appeals of Georgia · 1966

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