O.C.G.A.

O.C.G.A. § 48-7-57.1 (2019)

Filing of returns which are frivolous or desire to impede the administration of state income tax laws

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) A penalty of $1,000.00 may be assessed against any individual who files what purports to be a return of the tax imposed by Article 2 of this chapter if:

(1) The purported return:

(A) Does not contain information on which the substantial correctness of the amount of tax shown to be due may be judged; or

(B) Contains information that on its face indicates that the amount of tax shown to be due is substantially incorrect; and

(2) The conduct described in paragraph (1) of this subsection is due to:

(A) A position which is frivolous; or

(B) A desire which appears on the purported return to delay or impede the administration of state income tax laws.

(b) The penalty imposed by subsection (a) of this Code section shall be in addition to any other penalty provided by law.

History

Code 1981, § 48-7-57.1, enacted by Ga. L. 1984, p. 357, § 1; Ga. L. 2004, p. 410, § 5.

Annotations

Editor’s notes. Ga. L. 1984, p. 357, § 2, not codified by the General Assembly, makes this Code

section applicable with respect to returns filed after March 14, 1984. Ga. L. 2004, p. 410, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘State and Local Tax Revision Act of 2004.’”

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Christopher J. Wendell & Nancy A. Wendell, Relators v. Comm'r of Revenue, 7 N.W.3d 405 (Minn. 2024).
Christopher J. Wendell & Nancy A. Wendell, Relators v. Comm'r of Revenue, 7 N.W.3d 405 (Minn. 2024). “Code § 40 -2A-11(e) (2023) ($250 penalty); Ga. Code Ann. § 48-7-57.1 (a) (2023) ($1,000 penalty).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.