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COOK EXPORT CORP. v. KING

652 S.W.2d 896 (1983)

COOK EXPORT CORPORATION, Appellant, v. John K. KING, Commissioner of Revenue, Appellee.

Supreme Court of Tennessee.

June 13, 1983.

Attorney(s) appearing for the Case

Frank L. Watson, Jr., William E. Frulla, Louis Jay Miller, Waring, Cox, Sklar, Allen, Chafetz & Watson, Memphis, for appellant.

Jim G. Creecy, Deputy Atty. Gen., William M. Leech, Jr., Atty. Gen. and Reporter, Nashville, for appellee.

OPINION

COOPER, Justice.

This action was brought by the appellant to recover corporate franchise and excise taxes, interest and penalties paid by it under protest for the years 1972 and 1973. Appellant asserts that it was improperly assessed the taxes on income attributable to its parent corporation, that the sums assessed do not constitute "net earnings" within the meaning of the excise tax statute, that the...

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