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GRAPHIC SYSTEMS, INC. v. TAYLOR

791 S.W.2d 27 (1990)

GRAPHIC SYSTEMS, INC., Plaintiff-Appellee, v. Dudley TAYLOR, Commissioner of Revenue for the State of Tennessee, Defendant-Appellant.

Supreme Court of Tennessee, at Jackson.

May 21, 1990.

Attorney(s) appearing for the Case

Bill C. Clifton and Michael J. Stengel, Clifton & Stengel, Memphis, for plaintiff-appellee.

Charles W. Burson, Atty. Gen. and Reporter and Cynthia Odle-Schlecty, Asst. Atty. Gen., Nashville, for defendant-appellant.

OPINION

DROWOTA, Chief Justice.

In this tax case the Defendant, the Tennessee Commissioner of Revenue, appeals a decision of the Chancellor awarding Plaintiff taxpayer, Graphic Systems, Inc., a refund of a civil fraud penalty paid under protest. Following an audit, the Commissioner had determined there was a deficiency in the amount of taxes the Plaintiff paid. The Commissioner assessed a civil fraud penalty against the Plaintiff equal to 100% of the tax...

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