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NEWSWEEK, INC. v. CELAURO

789 S.W.2d 247 (1990)

NEWSWEEK, INC., Plaintiff/Appellant, v. Kathryn Behm CELAURO, Commissioner of Revenue, State of Tennessee, Defendant/Appellee.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied May 14, 1990.

Attorney(s) appearing for the Case

Charles A. Trost, Waller, Lansden, Dortch & Davis, Nashville, for plaintiff/appellant.

Charles W. Burson, Atty. Gen. and Reporter, Daryl J. Brand, Asst. Atty. Gen., Nashville, for defendant/appellee.

OPINION

O'BRIEN, Justice.

This suit was instituted for the recovery of sales taxes, penalty and interest paid by the plaintiff under protest. The defendant Commissioner of Revenue assessed a sales and/or use tax on plaintiff's mail order subscription sales during the period 1 January 1982 through 31 December 1984, pursuant to the Retailers' Sales Tax Act, T.C.A. § 67-6-201 et seq.

The issues presented for review here are substantially those...

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