UNION PLANTERS NAT. BANK, ETC. v. WOODS


590 S.W.2d 455 (1979)

UNION PLANTERS NATIONAL BANK OF MEMPHIS and Memphis Bank and Trust Company, Appellees, v. Jayne Ann WOODS, Commissioner of the Department of Revenue for the State of Tennessee, Appellant.

Supreme Court of Tennessee.

December 3, 1979.


Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. and Reporter, David S. Weed, Sr. Asst. Atty. Gen., Nashville, for appellant.

David C. Scruggs, Dale Woodall, Cobb, Edwards, Hamlet, Nichol & Woodall, Memphis, for appellees.


OPINION

COOPER, Justice.

This appeal presents the issue: Is Excise Tax Rule and Registration No. 1320-6-1.-22(a) (1974), as promulgated by the Commissioner of the Department of Revenue for the State of Tennessee, inconsistent with T.C.A. § 67-2701 (Supp. 1975), so that excise taxes collected pursuant to the regulation were erroneously assessed? The chancellor answered the issue in the affirmative, and awarded the respondent taxpayers a refund of excise...

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