ALUMINUM CO. OF AMERICA v. CELAURO


762 S.W.2d 107 (1988)

ALUMINUM COMPANY OF AMERICA, Plaintiff-Appellant, v. Kathryn B. CELAURO, Commissioner of Revenue of the State of Tennessee, Defendant-Appellee. NORTH AMERICAN ROYALTIES, Plaintiff-Appellant, v. Kathryn B. CELAURO, Commissioner of Revenue, State of Tennessee, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied December 5, 1988.


Attorney(s) appearing for the Case

Jackson C. Kramer, Wayne R. Kramer, Knoxville, for plaintiff-appellant Aluminum Co. of America (Kramer, Rayson, McVeigh, Leake & Rodgers, Knoxville, of counsel).

John P. Gaither, S. Gale Graham, Mark P. Kelly and Douglas E. Peck, Chattanooga, for plaintiff-appellant North American Royalties.

Daryl J. Brand, Asst. Atty. Gen., W.J. Michael Cody, Atty. Gen. and Reporter, Nashville, for defendant-appellee.


OPINION

HARBISON, Chief Justice.

These separate actions were filed by taxpayers in 1986 seeking refund of taxes paid during the years 1983 to 1985. None of the payments were made under protest. Both taxpayers contended that certain provisions of 1986 Tenn.Public Acts, chapter 749, authorized the institution of the actions without the requirement of payment under protest. Considering the cases independently, the Chancellor in each case held that the 1986...

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