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Redwine v. Arvaniti

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eBook details

  • Title: Redwine v. Arvaniti
  • Author : Court of Appeals of Georgia
  • Release Date : January 27, 1951
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

Charles D. Redwine, Commissioner of Revenue, filed a petition against Tim Arvaniti in Crisp Superior Court, and alleged as follows: 1. On April 28, 1950, your petitioner made formal demand on the defendant, pursuant to authority contained in § 92-3213 of the Georgia Code of 1933. 2. The defendant by its attorneys has declined to comply with the request of your petitioner, the Commissioner of Revenue, for an examination of any books, papers, records, or memoranda bearing upon matters relative to the correctness of the defendant's income tax returns for the years 1940, 1941, 1942, 1943, 1944, and 1945. 3. Upon further demand by your petitioner, the defendant has declined and continues to decline, in writing, to produce the aforementioned books, papers, records, or memoranda. And the petitioner prayed that the defendant be required to show cause why he should not surrender said papers, books, memoranda, etc., as demanded. The defendant, before filing his answer, filed a general demurrer to the petition, as follows: 1. Said petition as a whole sets forth no cause of action. 2. Said petition as a whole is demurred to generally, for the reason that the statute of limitations of 3 years had run on each and every one of the years set forth, towit, 1940-1945, inclusive, prior to the commencement of the action and the filing of the petition, so that no cause of action will lie in any single paragraph of the petition, nor will the allegations of the petition as a whole support a cause of action.


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