Georgia Dept. of Revenue v. Owens Corning

The 1994 version of OCGA § 48-8-3 (34) (A) authorized a tax exemption for machinery bought to replace that located in an existing Georgia manufacturing plant. However, that statute did not include an explicit reference to machinery repair parts as items within the exemption. In 1997, OCGA§ 48-8-3 (34) (A) was amended to provide for an exemption from tax for

[mjachinery, including components thereof, which is used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state ....…