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AFG INDUSTRIES, INC. v. CARDWELL

835 S.W.2d 583 (1992)

AFG INDUSTRIES, INC., Plaintiff/Appellant, v. Charles E. CARDWELL, Commissioner of Revenue, State of Tennessee, Defendant/Appellee.

Supreme Court of Tennessee, at Knoxville.

June 8, 1992.

Attorney(s) appearing for the Case

Mark S. Dessauer, Hunter, Smith & Davis, Kingsport, for plaintiff/appellant.

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

OPINION

JOSEPH M. TIPTON, Special Justice.

The plaintiff, AFG Industries, Inc., brought suit against the Tennessee Commissioner of Revenue to recover over sixty-five thousand dollars in sales and use taxes assessed for 1984 through 1987 which it had paid under protest. AFG, which makes flat glass and related products for resale, claims (1) that the molten tin used in its manufacturing process is tax exempt under T.C.A. § 67-6-206(a) as industrial machinery...

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