HOUND'S TOOTH OF AMERICA, INC. v. BENSON


444 S.W.2d 283 (1969)

HOUND'S TOOTH OF AMERICA, INC., Plaintiff in Error, v. Thomas BENSON, Commissioner, Department of Revenue, State of Tennessee, Defendant in Error.

Supreme Court of Tennessee.

August 18, 1969.


Attorney(s) appearing for the Case

Kent Sandidge, III, Nashville, for plaintiff in error.

George F. McCanless, Atty. Gen., and Paul E. Jennings, Asst. Atty. Gen., Nashville, for defendant in error.


OPINION

DYER, Justice.

Hound's Tooth of America, Inc., herein referred to as "taxpayer" appeals from a judgment denying recovery in its suit to recover certain taxes paid the State of Tennessee, under protest. The taxes were paid under T.C.A. § 67-4102, Item (U), which levies a fifteen per cent tax computed on the gross receipts of sales of setups for mixed drinks being the item taxed in the case at bar. That part of the statute requiring construction...

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