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PENSKE TRUCK LEASING v. HUDDLESTON

795 S.W.2d 669 (1990)

PENSKE TRUCK LEASING CO., L.P., Assignee and Successor in Interest to Gelco Corp., Appellant, v. Joe B. HUDDLESTON, Commissioner of Revenue, State of Tennessee, Successor in Office to Charles E. Cardwell, who was Successor in Office to Dudley W. Taylor, Appellee.

Supreme Court of Tennessee, at Nashville.

September 10, 1990.

Attorney(s) appearing for the Case

Charles A. Trost, J. Leigh Griffith, Joseph A. Woodruff, Waller, Lansden, Dortch and Davis, Nashville, for appellant.

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

OPINION

COOPER, Justice.

This action was brought by Penske Truck Leasing Company, a limited partnership, to recover sales and use taxes paid under protest. The chancellor found that the taxes were properly assessed, and denied the relief sought. Plaintiff has appealed to this Court, insisting primarily that the trial court erred in holding that the sales of fuel by plaintiff to lessees were part of the gross proceeds...

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