Legal Opinion

Fertilizer Co. v. . Gill, Comr. of Revenue

Supreme Court of North Carolina

Decided September 26, 1945PublishedCited by 4 opinions

1Opinion of the CourtDenny, J.

The plaintiff contends that any assessment authorized by section 427 of the Revenue Act of 1937, for the collection of an excise tax on the purchase or use of materials in the year 1937, was barred by the three-year statute of limitations at the time the defendant made the assessment against the plaintiff in August, 1942.

The statute relied upon by the plaintiff was enacted by the General Assembly in 1941, being chapter 50, section 6, subsection (f), of the Public Laws of 1941, amending subsection (b). of section 414 of the Revenue Act of 1939, G. S., 105-174, which reads as follows:…

2Cases cited3 opinions

  1. Charlotte v. . KavanaughSupreme Court of North Carolina · 1942
  2. City of Wilmington v. CronlySupreme Court of North Carolina · 1898
  3. Raleigh v. . JordanSupreme Court of North Carolina · 1940

3Cited by4 opinions

  1. Colonial Pipeline Company v. ClaytonSupreme Court of North Carolina · 1969
  2. Rowan County Board of Education v. United States Gypsum Co.Court of Appeals of North Carolina · 1987
  3. State v. Estate of CrockerAlabama Court of Appeals · 1955
  4. Ocean Hill Joint Venture v. North Carolina Department of Environment, Health & Natural ResourcesCourt of Appeals of North Carolina · 1992

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