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FILM TRANSIT v. CARSON

287 S.W.2d 47 (1956)

FILM TRANSIT, Incorporated, v. Sam K. CARSON, Commissioner, etc. (two cases).

Supreme Court of Tennessee.

February 3, 1956.

Attorney(s) appearing for the Case

James C. Havron, Nashville, for appellant.

George F. McCanless, Atty. Gen., Allison B. Humphreys, Sol. Gen., and Milton P. Rice, Asst. Atty. Gen., for appellee.

PREWITT, Justice.

These two causes were filed against the Commissioner of Finance and Taxation of the State of Tennessee, seeking a recovery of gross receipts taxes paid under protest, totalling $2,940.03.

The taxes in question were levied pursuant to Code Section 1248.134, Item O(a), which reads in part as follows:

"Each person engaged in the business of operating a transportation company shall, for the privilege of doing such business, pay to the...

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