HARRY J. WHELCHEL CO. v. KING


610 S.W.2d 710 (1980)

HARRY J. WHELCHEL COMPANY v. John K. KING, Commissioner of Department of Revenue for the State of Tennessee.

Supreme Court of Tennessee.

Rehearing Denied January 26, 1981.


Attorney(s) appearing for the Case

Raymond R. Murphy, Jr., A. Alexander Taylor, II, Miller & Martin, Chattanooga, for plaintiff-appellee.

William M. Leech, Jr., Atty. Gen., Jimmy G. Creecy, Senior Asst. Atty. Gen., Nashville, for defendant-appellant.


OPINION

FONES, Justice.

The question in this State revenue case is whether the grain bins that plaintiff sells to farmers qualify for the one percent sales tax rate applicable to "farm equipment and machinery" as defined in T.C.A. § 67-3002(p).

The trial judge found in favor of taxpayer and the Commissioner's appeal presents two issues, to wit: (1) whether the grain bins are used "directly and primarily" to produce agricultural products for...

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