UNION CARBIDE CORP. v. HUDDLESTON

No. 01-S-01-9109-CH-00082.

854 S.W.2d 87 (1993)

UNION CARBIDE CORPORATION, Plaintiff-Appellee, v. Joe B. HUDDLESTON, Commissioner of Revenue, State of Tennessee, Defendant-Appellant.

Supreme Court of Tennessee, at Nashville.

May 3, 1993.


Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. & Reporter, William E. Young, Asst. Atty. Gen., Nashville, for defendant-appellant.

Charles A. Trost, J. Leigh Griffith, Joseph A. Woodruff, Waller, Lansden, Dortch & Davis, Nashville (Jerry L. Robinson, Sr. Tax Counsel, Union Carbide Corp., Danbury, CT, of counsel), for plaintiff-appellee.


OPINION

ANDERSON, Justice.

The question we are asked to decide in this direct excise tax appeal is whether or not the taxpayer's capital gains in 1986 from the sale of assets constituted "business earnings," as defined in Tenn. Code Ann. § 67-4-804(a)(1)1. Relying on General Care Corp. v. Olsen, 705 S.W.2d 642 (Tenn. 1986), the Chancellor found that the taxpayer's 1986 capital gains...

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