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NIUKLEE, LLC v. COMMISSIONER

No. M2014-01644-COA-R3-CV.

NIUKLEE, LLC, v. COMMISSIONER, TN DEPT. OF REVENUE.

Court of Appeals of Tennessee, at Nashville.

Filed November 9, 2015.

Attorney(s) appearing for the Case

Herbert H. Slatery, III , Attorney General and Reporter; Andrée S. Blumstein , Solicitor General; and Nicholas G. Barca , Senior Counsel, Nashville, Tennessee, for the appellant, Richard H. Roberts, Commissioner of Revenue, State of Tennessee.

Brett R. Carter , Nashville, Tennessee, for the appellee, Niuklee, LLC.

ARNOLD B. GOLDIN, J., delivered the opinion of the Court, in which W. NEAL McBRAYER, J., and KENNY ARMSTRONG, J., joined.

OPINION

The Commissioner of Revenue assessed a tax based on the taxpayer's use of an aircraft purchased out of state. Taxpayer sought review from the Tennessee Department of Revenue but was denied relief following an informal hearing. Taxpayer paid the tax and filed a complaint in the Chancery Court for Davidson County...

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