Law360 published an article discussing the recent $6 million win for AT&T subsidiaries in Georgia to be able to recover wrongfully paid sales and use taxes for customers between November 1, 2005 and May 4, 2009. This ruling by the Georgia Supreme Court partially reverses a state Court of Appeals decision and raises questions about the procedures for recovering a customers’ taxes. The publication looked to Brian Sengson, a Senior Manager in Bennett Thrasher’s State & Local Tax practice, for his outside perspective on the case.
“While the ultimate decision addresses a tax issue, at its core, really what this opinion speaks to is a civil procedure requirement,” Sengson explains. “Since the issue is whether one’s standing to sue is a substantive right.” He also adds that this prolonged battled has somewhat diluted the impact this case may have for Georgia companies.
The case referred to is New Cingular Wireless PCS LLC et al. v. Georgia Department of Revenue et al., case number S19G0802, in the Supreme Court of Georgia.
Law360 subscribers can read the article here.
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