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2018 Georgia Code 48-7-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 48-7-2 Case Law from Google Scholar Amendments to OCGA 48-7-2

TITLE 48 REVENUE AND TAXATION

Section 7. Income Taxes, 48-7-1 through 48-7-170.

ARTICLE 1 GENERAL PROVISIONS

48-7-2. Failure of person to pay tax, file return, keep records, supply information, or exhibit books under this chapter; penalty.

  1. It shall be unlawful for any person who is required under this chapter to pay any tax, make any return, keep any records, supply any information, or exhibit any books or records for the purpose of computation, assessment, or collection of any tax imposed by this chapter to fail to:
    1. Pay the tax;
    2. Make the return;
    3. Keep the records; or
    4. When requested to do so by the commissioner:
      1. Supply the information; or
      2. Exhibit the books or records.
  2. In addition to other penalties provided by law, any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

(Code 1933, § 92-3217, enacted by Ga. L. 1937, p. 109, § 17; Code 1933, § 91A-9930, enacted by Ga. L. 1978, p. 309, § 2.)

Administrative Rules and Regulations.

- Electronic record keeping and retention, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Revenue, Administrative Unit, Organization, § 560-1-1-.19.

JUDICIAL DECISIONS

O.C.G.A. § 48-7-2 is unconstitutional to the extent that the statute authorizes imprisonment for mere nonpayment of income taxes. State v. Higgins, 254 Ga. 88, 326 S.E.2d 728 (1985).

OPINIONS OF THE ATTORNEY GENERAL

Prosecution for violation of section.

- Georgia resident who files a state income tax return but who fails and refuses to pay such tax can be prosecuted for a misdemeanor. Venue for such prosecution is Fulton County. 1969 Op. Att'y Gen. No. 69-326.

RESEARCH REFERENCES

Am. Jur. 2d.

- 71 Am. Jur. 2d, State and Local Taxation, § 484 et seq.

C.J.S.

- 84 C.J.S., Taxation, §§ 623, 628. 85 C.J.S., Taxation, §§ 1854, 1855, 1871 et seq., 1932.

Cases Citing Georgia Code 48-7-2 From Courtlistener.com

Total Results: 2

Bowers v. Shelton

Court: Supreme Court of Georgia | Date Filed: 1995-03-06

Citation: 265 Ga. 247, 453 S.E.2d 741

Snippet: Shelton was subsequently charged under OCGA § 48-7-2, with two misdemeanor counts of unlawful failure

State of Ga. v. Higgins

Court: Supreme Court of Georgia | Date Filed: 1985-03-05

Citation: 326 S.E.2d 728, 254 Ga. 88, 1985 Ga. LEXIS 612

Snippet: separate years from 1978 through 1983. Under OCGA § 48-7-2, the failure to pay any tax and the failure to