Legal Opinion

Hawes v. Custom Canners, Inc.

Court of Appeals of Georgia

Decided February 16, 1970No. 45103, 45125PublishedCited by 10 opinions

1Opinion of the Court

Eberhardt, Judge.

The sole issue in this appeal is whether the six items, or any of them, qualify for the exemption from sales and use tax under Code Ann, § 92-3403a C2 (n) (2), which provides an exemption when “the sale of machinery which is used directly in the manufacture of tangible personal property when such machinery is incorporated, as additional machinery, for the first time into a manufacturing plant presently existing in this State; Provided, the acquisition of such machinery results in a substantial increase in the productive capacity of such plant.” (Emphasis supplied). It is…

2Cases cited4 opinions

  1. Cherokee Brick & Tile Co. v. RedwineSupreme Court of Georgia · 1953
  2. Phillips & Buttorff Mfg. Co. v. CarsonTennessee Supreme Court · 1949
  3. Oxford v. J. D. Jewell, Inc.Supreme Court of Georgia · 1960
  4. State v. Cherokee Brick & Tile Co.Court of Appeals of Georgia · 1953

3Cited by10 opinions

  1. Sharp v. Tyler Pipe Industries, Inc., Texas Court of Appeals, 3rd District (Austin)1996
  2. Floyd Charcoal Co. v. Director of RevenueSupreme Court of Missouri · 1980
  3. Webster Brick Co. v. Department of TaxationSupreme Court of Virginia · 1978
  4. Duval Sierrita Corp. v. Arizona Department of RevenueCourt of Appeals of Arizona · 1977
  5. Blackmon v. Screven County Industrial Development AuthorityCourt of Appeals of Georgia · 1974

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