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NUTRITIONAL SUPPORT SERVICES v. TAYLOR

803 S.W.2d 213 (1991)

NUTRITIONAL SUPPORT SERVICES, LTD., a Tennessee Limited Partnership, Plaintiff-Appellee, v. Dudley W. TAYLOR, Commissioner of Revenue, State of Tennessee, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

January 14, 1991.

Attorney(s) appearing for the Case

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

James T. O'Hare, O'Hare, Sherrard & Roe, Nashville, for plaintiff-appellee.

OPINION

FONES, Justice.

The Commissioner of Revenue issued a delinquent sales tax assessment against plaintiff taxpayer in the sum of $740,463, plus interest of $129,565. Taxpayer filed suit challenging the assessment, pursuant to T.C.A. § 67-1-1801, et seq., the case was tried and a judgment entered declaring the assessment invalid. The Commissioner did not appeal from that decision and thereafter upon application of taxpayer for attorney's fees pursuant...

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