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OMNICON, INC. v. KING

688 S.W.2d 818 (1985)

OMNICON, INC., Plaintiff-Appellant, v. John K. KING, Commissioner of Revenue for the State of Tennessee, Defendant-Appellee. EPPING REALTY, INC., Plaintiff-Appellant, v. John K. KING, Commissioner of Revenue for the State of Tennessee, Defendant-Appellee.

Supreme Court of Tennessee, at Jackson.

February 19, 1985.

Attorney(s) appearing for the Case

Robert E. Orians, Memphis, for plaintiffs-appellants.

Joe C. Peel, Asst. Atty. Gen., Nashville, for defendant-appellee; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.

OPINION

BROCK, Justice.

These consolidated actions were brought by plaintiffs to recover corporate franchise taxes paid under protest for the tax years 1976-79.

In 1972, a general partnership was formed between Cook Realty Co. No. 1 of Tennessee, Inc. [Cook], and Decoma Enterprises, Inc. [Decoma], to conduct business under the name of Epping Forest Associates. Each partner owned a 50% interest in the partnership...

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