Legal Opinion

In re Notice of Attachment & Garnishment Issued by Catawba County Tax Collector Against Nuzum-Cross Chevrolet, Inc.

Court of Appeals of North Carolina

Decided November 2, 1982No. 8125SC1342PublishedCited by 5 opinions

1Opinion of the Court

ARNOLD, Judge.

The narrow question presented by this appeal is whether a clerical error by a tax supervisor’s office is an immaterial ir*334regularity under G.S. 105-394 so as not to invalidate the tax levied on the property. We hold that it is.

G.S. 105-394 contains a broad statement that is intended to cover cases like the one before us where there is no dispute that but for the clerical error, the tax would have been valid. The statute reads in part:

Immaterial irregularities in the listing, appraisal, or assessment of property for taxation or in the levy or collection of the property tax or in…

2Cases cited2 opinions

  1. Congregation of United Brethren of Salem & Vicinity v. Commissioners of Forsyth CountySupreme Court of North Carolina · 1894
  2. Winston-Salem Joint Venture v. City of Winston-SalemCourt of Appeals of North Carolina · 1981

3Cited by5 opinions

  1. In re the Appeal of DickeyCourt of Appeals of North Carolina · 1993
  2. In Re the Appeal of MorganCourt of Appeals of North Carolina · 2007
  3. In Re Appeal of Pace/Dowd Properties Ltd.Court of Appeals of North Carolina · 2014
  4. In Re the Appeal of MorganCourt of Appeals of North Carolina · 2007
  5. In Re the Appeal of MorganCourt of Appeals of North Carolina · 2007

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