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GENERAL CARE CORP. v. OLSEN

705 S.W.2d 642 (1986)

GENERAL CARE CORPORATION, Appellee, v. Martha B. OLSEN, Commissioner of Revenue, Appellant.

Supreme Court of Tennessee, at Nashville.

February 24, 1986.

Attorney(s) appearing for the Case

Charles L. Lewis, Deputy Atty. Gen., Nashville (W.J. Michael Cody, Atty. Gen., Nashville, of counsel), for appellant.

Charles A. Trost, Waller Lansden Dortch & Davis, William H. Neely, Waller Lansden Dortch & Davis, Nashville, for appellee.

OPINION

FONES, Justice.

Plaintiff, General Care Corporation, initiated this action in the Davidson County Chancery Court to recover state excise taxes paid under protest together with interest thereon from the date of payment. The chancellor entered judgment for plaintiff, and the defendant, the Commissioner of Revenue, appealed to this Court pursuant to T.C.A. § 16-4-108.

This appeal presents a single issue for review: whether capital gains...

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