O.C.G.A. § 48-2-37 (2019)
Preparation of delinquent returns
In any case in which any return, report, or other information is not filed or made available to the commissioner as required by law, the commissioner may proceed at the expense of the delinquent taxpayer to ascertain such information in any way which the commissioner reasonably considers proper or appropriate; and the commissioner is authorized to prepare, execute, and file such returns. Any return so made and filed by the commissioner or his agent shall be prima facie correct and sufficient for all legal purposes.
History
Ga. L. 1931, Ex. Sess., p. 24, § 48; Code 1933, § 92-3212; Ga. L. 1937, p. 109,
§ 16; Ga. L. 1937-38, Ex. Sess., p. 77, § 35; Code 1933, § 91A-246, enacted by Ga. L. 1978, p. 309, § 2.
Annotations
OPINIONS OF THE ATTORNEY GENERAL Construction with other provisions. - Construing former Code 1933, § 92-3212 (see now O.C.G.A. § 48-2-37) together with former Code 1933, Ch. 92-30 through 92-33C (see now O.C.G.A. Ch. 7, T. 48), the General Assembly did not intend more than that the return prepared by the commissioner should take the place of a return prepared by the taxpayer. Therefore, the commissioner has authority to make and file a return on behalf of a delinquent taxpayer when no return has been filed, and such return may be based upon the best information available to the
commissioner. 1954-56 Ga. Op. Att’y Gen. 757. It was the intent of the General Assembly that the procedure provided in former Code 1933, § 92-3302 (see now O.C.G.A. § 48-2-48) should be followed regardless of whether a return was filed by the taxpayer personally or the commissioner under former Code 1933, § 92-3212 (see now O.C.G.A. § 48-2-37) in the commissioner’s behalf. Therefore, the commissioner or the commissioner’s deputy cannot issue a fieri facias in cases when a return was made and filed under former Code 1933, § 92-3212 without
making a formal assessment under the procedure provided for in former Code
1933, § 92-3302. 1954-56 Ga. Op. Att’y Gen. 757.