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BARRET v. OLSEN

656 S.W.2d 373 (1983)

Paul W. BARRET, Jr., Executor of the Estate of Paul W. Barret, Sr., Plaintiff-Appellant, v. Martha OLSEN, Commissioner, Department of Revenue, State of Tennessee, Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

September 6, 1983.

Attorney(s) appearing for the Case

Donald W. Pemberton, Memphis, for plaintiff-appellant.

Kathryn Behm Celauro, Asst. Atty. Gen., Nashville, for defendant-appellee; Wm. M. Leech, Jr., Atty. Gen., Nashville, of Counsel.

OPINION

BROCK, Justice.

The plaintiff, Barret, brought this action to recover inheritance taxes levied against the estate of his father and paid under protest. The theory of the plaintiff, expressed in his complaint, was that the defendant Commissioner had appraised the property of the estate at an excessive amount; no other objection to the Commissioner's assessment or to the taxes levied was made. The complaint was met by a motion to dismiss filed by the...

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