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PEARLE HEALTH SERVICES, INC. v. TAYLOR

799 S.W.2d 655 (1990)

PEARLE HEALTH SERVICES, INC., Plaintiff-Appellant, v. Dudley TAYLOR, Commissioner of Revenue for the State of Tennessee, Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

April 16, 1990.

Attorney(s) appearing for the Case

Joseph W. Gibbs, Patricia Head Moskal, Boult, Cummings, Conners & Berry, Nashville, for plaintiff-appellant.

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

OPINION

DROWOTA, Chief Justice.

In this case the Plaintiff seeks refunds for taxes paid under protest for the time period September 1983 through October 1985. The taxpayer contends that it is entitled to a refund for several reasons. First, the taxpayer asserts that it did not exercise a taxable privilege within the meaning of T.C.A. § 67-6-201. The taxpayer also contends that the State of Tennessee assessed the incorrect type of tax against it by assessing...

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