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GEORGIA DEPT. OF REVENUE v. TRAWICK CONST. CO., INC.

No. A08A2323.

674 S.E.2d 350 (2009)

GEORGIA DEPARTMENT OF REVENUE v. TRAWICK CONSTRUCTION COMPANY, INC.

Court of Appeals of Georgia.

February 23, 2009.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Warren R. Calvert, Sr. Asst. Atty. Gen., Lourdes Gonzalez, Asst. Atty. Gen., for Appellant.

Baker, Donelson, Bearman, Caldwell & Berkowitz, Robert G. Brazier, Michael Scott Evans, Atlanta, for Appellee.

Alston & Bird, Timothy J. Peaden, John L. Coalson, Jr., Atlanta, Ethan D. Miller, amici curiae.

MILLER, Chief Judge.

In this tax case of first impression, the Commissioner of the Georgia Department of Revenue (the "Commissioner") issued a $224,800 additional tax assessment against Trawick Construction Company, Inc. ("Trawick") on January 13, 2004, as to the short-tax-year January 1, 1999 to October 1, 1999. On August 16, 2004, following Trawick's appeal to the Office of State Administrative Hearings, an administrative law judge ("ALJ") issued his Initial Decision...

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