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SAMFORD v. TOLLETT

600 S.W.2d 718 (1980)

Dale SAMFORD, Individually and d/b/a Sunset Homes v. Robert TOLLETT, Commissioner of Revenue.

Supreme Court of Tennessee.

June 23, 1980.

Attorney(s) appearing for the Case

Richard F. LaRoche, Jr., Murfreesboro, for appellants.

Joe C. Peel, Asst. Atty. Gen., William M. Leech, Jr., Atty. Gen., Nashville, for appellee.

OPINION

COOPER, Justice.

This appeal is from a decree of the Chancery Court of Rutherford County dismissing the action brought by Dale Samford, d/b/a Sunset Homes, to recover use taxes assessed under the provisions of T.C.A. § 67-3004, and paid under protest. The taxes were assessed on personal property used in the construction of a retirement home by the Sunset Square Association. Appellant contends that the evidence shows that he, in constructing...

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