Mississippi Code, Volume 08, 2013 Supplement

2013·94.9 MB·English

by  State of Mississippi

'a
TABLE OF CONTENTS
VOLUME
8
TITLE 27
TAXATION AND FINANCE
CHAR BEGINNING
SECTION
1. Assessors and CountyTax Collectors 27-1-1
3. Department of Revenue 27-3-1
4. Board ofTax Appeals 27-4-1
5. MotorVehicle Comptroller 27-5-1
7. IncomeTax and Withholding 27-7-1
8. Mississippi S Corporation IncomeTax Act 27-8-1
9. EstateTax 27-9-1
10. Uniform EstateTax Apportionment Act 27-10-1
11. AmusementTax [Repealed] 27-11-1
13. Corporation FranchiseTax 27-13-1
15. State-Wide PrivilegeTaxes 27-15-1
17. Local PrivilegeTaxes 27-17-1
19. MotorVehicle Privilege and ExciseTaxes 27-19-1
TITLE 27—Continued in Volume 8A

Diigitized by the Internet Archive
2014
in
https://archive.org/details/govlawnnscode082013
CODE
MISSISSIPPI
1972
ANNOTATED
ADOPTEDAS THE OFFICIALCODE OFTHE
STATE OFMISSISSIPPI
BYTHE
1972 SESSION OFTHE LEGISLATURE
VOLUME EIGHT
TAXATION AND FINANCE
§§ 27-1-1 to 27-19-525
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
TO THE END OF THE 2013 REGULARAND 1STAND 2ND EXTRAORDINARY
LEGISLATIVE SESSIONS
#'
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PREFACE
The Mississippi Code of 1972, which became effective on November 1,
1973, is the culmination of nearly four years of effort on the part of the
Legislature, the Attorney General's office and the publishers, which brings
together provisions ofgeneral statutory law having a common subject matter
into a more orderly and logical framework of code titles and chapters, and
employing a modern and effective section numbering system. A major by-
product ofthe code revision will be the state-owned magnetic computer tape
containingthe Mississippi Code of1972, which will be ofinvaluable assistance
to the Legislature and to the state.
The enabling act for the code was a recommendation of the Mississippi
State Bar, whichresulted inthe consideration andpassage ofSenate Bill 1964,
Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams.
The Code Committee provided for in that act was comprised of A. F.
Summer, Attorney General, Heber Ladner, Secretary ofState, Representative
Edgar J. Stephens, Jr., Chairman, HouseAppropriations Committee, Senator
William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre-
sentative H. L. Meredith, Jr., Chairman, House Judiciary "A"andJudiciary en
banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and
Judiciary en banc Committees, Representative Ney McKinley Gore, Jr.,
Chairman, HouseJudiciary"B"Committee, and SenatorWilliamE.Alexander,
Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby
Robert Penton and Senator Herman B. Decell, Chairman ofHouse and Senate
Judiciary "B" Committees, respectively, became members of the Committee,
replacing Representative Gore and Senator Collins, SenatorAlexanderhaving
been appointed Chairman of Senate Judiciary "A" and Judiciary en banc
Committees. The Deputy Attorney General, Delos H. Burks, served the Code
Committee as Secretary. SpecialAssistantAttorneyGeneral FredJ. Lotterhos,
under the supervision of the Attorney General, was assigned the principal
responsibility for the supervision ofthe recodification, including the consider-
ation and treatment ofsome 16,000 sections ofcode manuscript.
Final legislative approval was given to the Mississippi Code of 1972 by
passage of Senate Bill 2034, Laws of 1972, which was signed by Governor
William L. Waller on April 26, 1972. Acopy ofthat act is set out in Volume 1,
following the Publisher's Foreword.
The Code Committee is of the opinion that the recodification has been
thoroughly and well accomplished, and will result in a greatly improved
repository ofthe general statutory law ofthe state.
A. F. Summer
Attorney General
iii

PUBLISHER'S FOREWORD
This 2013 Replacement Volume 8 of the Mississippi Code of 1972 Anno-
tated represents material in Chapters 1 through 17 appearing in the original
1973 bound volume, the 1999 Replacement Volume 7 and the 2003 Replace-
ment Volume 7, material in Chapter 19 appearing in the 1995 Replacement
Volume 8, the 2002 Replacement Volume 8, the 2006 Replacement Volume 8,
and material in Chapters 1 through 19 appearing in the 2010 Replacement
Volume 8, as well as reflecting amendments, repeals, and new Code provisions
enacted by the Mississippi Legislature through the 2013 Regular and 1st and
2nd Extraordinary Sessions.
This volume contains the text of Title 27, Chapters 1 through 19, ofthe
Mississippi Code of 1972 Annotated, as amended through the 2013 Regular
and 1st and 2nd Extraordinary Legislative Sessions.
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Many ofthese cases were decided under
the former statutes in effect prior to the enactment ofthe Code of1972. These
earlier cases have been moved to pertinent sections of the Code where they
may be useful in interpreting the current statutes. Annotations to collateral
research references are also included.
To better serve our customers by making our annotations more current,
LexisNexishas changedthe sourcesthat are readtocreate annotations forthis
publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. A consequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecent cases annotated maynotyethave printreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Court andthe Court ofAppeals and decisions ofthe appropriate
federal courts. These cases will be printed in the following reporters:
Southern Reporter, 3rd Series
United States Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series
American Law Reports, Federal 2nd
Mississippi College Law Review
Mississippi Law Journal
V
Publisher's Foreword
Finally, published Opinions of the Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Acomprehensive Index appears at the end ofthis volume.
Visit the LexisNexis website at http://www.lexisnexis.com for an online
bookstore, technical support, customer support, and other company informa-
tion.
For further information or assistance, please call us toll-free at (800)
833-9844, fax us toll-free at [phone], e-mail us at
[email protected], or write to: Mississippi Code Editor, Lexis-
Nexis, 701 E. Water Street, Charlottesville, VA 22902-5389.
September 2013 LexisNexis
vi