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TIDWELL v. BERKE

532 S.W.2d 254 (1975)

George M. TIDWELL, Commissioner of the Tennessee Department of Revenue, Appellant-Defendant, v. Harry BERKE, Appellee-Plaintiff.

Supreme Court of Tennessee.

December 30, 1975.

Attorney(s) appearing for the Case

William B. Hubbard, Asst. Atty. Gen., Nashville, for appellant-defendant; R.A. Ashley, Jr., Atty. Gen., Nashville, of counsel.

Harry Berke, Berke, Berke & Berke, Chattanooga, for appellee-plaintiff.

OPINION

HARBISON, Justice.

This suit was instituted by appellee, Harry Berke, for a declaratory judgment and for recovery of certain corporate excise taxes assessed against him and paid under protest. The Chancellor allowed recovery of the taxes with interest, and the Commissioner of Revenue has appealed.

There is little controversy about the facts of the case. The issues involved, however, are of great importance in the administration of the Tennessee...

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