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WARNER-TAMBLE CO., INC. v. TAYLOR

778 S.W.2d 440 (1989)

WARNER-TAMBLE CO., INC., d/b/a River-City Harbor Service, Inc., Plaintiff-Appellee, v. Dudley W. TAYLOR, Commissioner of Revenue, Department of Revenue, State of Tennessee, Defendant-Appellant.

Supreme Court of Tennessee, at Jackson.

October 9, 1989.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen., & Reporter, William P. Sizer, Asst. Atty. Gen., Nashville, for defendant-appellant.

John D. Walt, George G. Leavell, Memphis, for plaintiff-appellee.

OPINION

FONES, Justice.

This is a direct appeal by the defendant, Commissioner of Revenue, from a decision of the trial court that plaintiff-taxpayer, Warner-Tamble Company, Inc., d/b/a/ River-City Harbor Service, Inc., did not owe the sales taxes assessed by defendant.

The case was tried upon a written stipulation of facts. Plaintiff, "operates a river harbor service and performs services such as towing, fleeting and preparing barges for barge companies...

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