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TIDWELL v. SECURITY MILLS, INC.

510 S.W.2d 503 (1974)

George M. TIDWELL, Commissioner of Revenue for the State of Tennessee, Appellant, v. SECURITY MILLS, INC., Appellee.

Supreme Court of Tennessee.

June 3, 1974.

Attorney(s) appearing for the Case

David M. Pack, Atty. Gen., Everett H. Falk, Asst. Atty. Gen., Nashville, for appellant.

W.W. Davis and W.W. Davis, Jr., Knoxville, for appellee.

OPINION

FONES, Justice.

Security Mills, Inc., plaintiff below, hereinafter "taxpayer", brought suit against George M. Tidwell, as Commissioner of Revenue for the State of Tennessee, hereinafter "Commissioner", to recover $37,275.97 for franchise and excise taxes paid under protest and alleged to have been erroneously assessed. Commissioner prosecutes this appeal from a judgment in favor of taxpayer.

Commissioner concedes that taxpayer is doing business...

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