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WOODS v. HOLIDAY INN OF MURFREESBORO

581 S.W.2d 648 (1979)

Jayne Ann WOODS, Commissioner of Revenue for the State of Tennessee, Appellant, v. HOLIDAY INN OF MURFREESBORO, a corporation, Appellee.

Supreme Court of Tennessee.

May 29, 1979.

Attorney(s) appearing for the Case

Jim G. Creecy, Asst. Atty. Gen., Nashville, for appellant; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

Ken Burger, Burger, Fly & McFarlin, Murfreesboro, for appellee.

OPINION

BROCK, Justice.

The Holiday Inn of Murfreesboro filed this action in Chancery Court seeking a restraining order to prevent the imposition of a privilege tax under T.C.A., § 67-4102, Item U.1 It subsequently paid the tax of $10,312.32 under protest and amended the complaint to seek its refund. The Chancellor granted the refund plus interest and penalty, $12,639.03, and the Commissioner has appealed from that judgment...

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