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FMC CORP. v. WOODS

618 S.W.2d 307 (1981)

FMC CORPORATION, Plaintiff-Appellee, v. Jayne Ann WOODS, Commissioner of Revenue for the State of Tennessee, and Brooks McLemore, Attorney General of the State of Tennessee, Defendants-Appellants.

Supreme Court of Tennessee.

June 22, 1981.

Attorney(s) appearing for the Case

Cecil D. Branstetter, Carrol D. Kilgore, Nashville, for plaintiff-appellee.

Jim G. Creecy, Deputy Atty. Gen., Nashville, for defendants-appellants.

OPINION

DROWOTA, Justice.

The plaintiff, FMC Corporation, is a multi-state business licensed to do business in Tennessee. FMC has a subsidiary, FMC Export, which is a domestic international sales corporation (DISC). Pursuant to §§ 991-97 of the Internal Revenue Code, FMC can achieve substantial tax savings by paying "commissions" to the DISC based upon export sales. It is the treatment of these "commissions" under our excise tax statutes and the...

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