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BROADMOOR-KINGSPORT APARTMENTS, INC. v. STATE

686 S.W.2d 70 (1985)

BROADMOOR-KINGSPORT APARTMENTS, INC., and Broadmoor-Kingsport Associates, Appellees, v. STATE of Tennessee and John K. King, Commissioner of Revenue, Appellants.

Supreme Court of Tennessee, at Knoxville.

March 4, 1985.

Attorney(s) appearing for the Case

Charles L. Lewis, Asst. Atty. Gen., W.J. Michael Cody, Atty. Gen. & Reporter, Nashville, for appellants.

William T. Gamble, Daryl J. Brand, Wilson, Worley, Gamble, & Ward, P.C., Kingsport, for appellees.

OPINION

COOPER, Chief Justice.

This action was instituted by Broadmoor-Kingsport Apartments, Inc. (BKAI) to recover $19,810.00 in corporate franchise taxes, penalty and interest assessed by the Tennessee Department of Revenue for 1975, 1976 and 1977, and paid under protest. BKAI contended that it had not been doing business in Tennessee within the meaning of T.C.A. § 67-2902 (now § 67-4-903(a)), and, in the alternative, that no tax was owed under...

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