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Tift v. Tift County Board of Tax Assessors

Citations: 215 S.E.2d 3; 234 Ga. 155; 1975 Ga. LEXIS 1072Docket: 29751

Court: Supreme Court of Georgia; April 8, 1975; Georgia; State Supreme Court

Narrative Opinion Summary

In this case, the Supreme Court of Georgia reviewed an appeal by a taxpayer challenging the Tift County Board of Tax Assessors' denial of his request for mandamus relief to compel the Board to certify his property value appeal to the County Board of Equalization. The taxpayer, a nonresident, received an assessment notice with a 20-day appeal period, extended by 10 days by two Board members. However, the taxpayer filed his appeal 30 days post-notice. The trial court ruled that the statutory 20-day limit prescribed by Georgia Code Annotated Section 92-6912 was not met, making the appeal untimely. Additionally, the court found that the Board lacked the authority to extend the appeal period, thus the extension was void. As a result, the Board was not obligated to certify the appeal. The court affirmed the denial of the mandamus petition, with all justices concurring in the decision.

Legal Issues Addressed

Authority of Tax Assessors to Extend Appeal Periods

Application: The court ruled that the Board of Tax Assessors lacked the authority to extend the appeal period, thus rendering any extension granted by the Board void.

Reasoning: Furthermore, the court ruled that the Board of Tax Assessors lacked the authority to extend the appeal period, rendering the extension void.

Mandamus Relief in Tax Assessment Appeals

Application: The court denied mandamus relief as the taxpayer's appeal was filed beyond the statutory deadline, and the Board of Tax Assessors had no authority to extend the appeal period.

Reasoning: The trial court determined that the taxpayer had a strictly defined 20-day period to file his appeal as mandated by Georgia Code Annotated Section 92-6912.

Statutory Time Limits for Tax Appeals

Application: The court held that the taxpayer's appeal was untimely since it was filed after the statutory 20-day deadline.

Reasoning: The court found the taxpayer's appeal was untimely since it was filed after the statutory deadline.