KELLOGG CO. v. OLSEN


675 S.W.2d 707 (1984)

KELLOGG COMPANY, Plaintiff-Appellee, v. Martha B. OLSEN, Commissioner of Revenue, State of Tennessee, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

September 10, 1984.


Attorney(s) appearing for the Case

James C. Gooch, Carter R. Todd, Bass, Berry & Sims, Nashville, for plaintiff-appellee.

Gregory L. Nelson, Asst. Atty. Gen., Nashville, for defendant-appellant; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.


OPINION

BROCK, Justice.

The plaintiff brought this action to recover from the defendant Commissioner certain excise taxes paid under protest. The amount in controversy represents a reduction by the Commissioner of the dividends received deduction claimed by plaintiff pursuant to T.C.A., § 67-2704(b) [now § 67-4-805(b)(2)(A)]. The trial court held that plaintiff was entitled to the refund, and the Commissioner...

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