Legal Opinion

Georgia Dept. of Revenue v. Owens Corning

Supreme Court of Georgia

Decided April 21, 2008No. S07G1297PublishedCited by 23 opinions

1Opinion of the Court

Melton, Justice.

We granted certiorari in this case to determine whether the Court of Appeals erred by holding that the 1997 version of OCGA § 48-8-3 (34) (A) clearly and unambiguously creates an exemption from taxation for machinery repair parts. See Owens Corning v. Ga. Dept. of Revenue, 285 Ga. App. 158 (645 SE2d 644) (2007). Based on the applicable standards of review, the legislative history of the statute, and the Legislature’s expressed intent that machinery repair parts not be extended a sales tax exemption prior to 2000, we find that no clear, unambiguous exemption for machinery…

2Cases cited5 opinions

  1. Fleming v. StateSupreme Court of Georgia · 1999
  2. Inland Paperboard & Packaging, Inc. v. Georgia Department of RevenueCourt of Appeals of Georgia · 2005
  3. Kelly v. Lloyd's of LondonSupreme Court of Georgia · 1985
  4. Collins v. City of DaltonSupreme Court of Georgia · 1991
  5. Owens Corning v. GEORGIA DEPT. OF REVENUECourt of Appeals of Georgia · 2007

3Cited by23 opinions

  1. Center for a Sustainable Coast v. Coastal Marshlands Protection CommitteeSupreme Court of Georgia · 2008
  2. Gates v. GlassSupreme Court of Georgia · 2012
  3. Morrison v. ClabornCourt of Appeals of Georgia · 2008
  4. Grange Indemnity Insurance v. BurnsCourt of Appeals of Georgia · 2016
  5. New Cingular Wireless Pcs, LLC v. Georgia Department of RevenueCourt of Appeals of Georgia · 2017

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