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INDEPEN. SOUTHERN BANCSHARES v. HUDDLESTON

912 S.W.2d 705 (1995)

INDEPENDENT SOUTHERN BANCSHARES, INC., Brownsville Bank, Farmers Union Bank, Union Savings Bank, Mid-South Bancshares, Inc., Tennessee Bank & Trust, Southern Financial, Inc. and Southern Financial Mortgage, Inc., Plaintiffs/Appellants, v. Joe B. HUDDLESTON, Commissioner of Revenue, State of Tennessee, Defendant/Appellee.

Court of Appeals of Tennessee, Middle Section.

Application for Permission to Appeal Denied December 11, 1995.

Attorney(s) appearing for the Case

C. Michael Norton, Janet P. Medlin, Wyatt, Tarrant & Combs, Nashville, for plaintiffs/appellants.

Charles W. Burson, Attorney General and Reporter, Joe C. Peel, Assistant Attorney General, Tax Division, Nashville, for defendant/appellee.

Frank N. Stockdale Carney, Katharine A. Jungkind, Evans & Petree, Memphis, Kathryn A. Stephenson, G. Michael Yopp and Robb S. Harvey, Tuke, Yopp & Sweeney, Nashville, for Amicus Curiae.

Application for Permission to Appeal Denied by Supreme Court December 11, 1995.

OPINION

TODD, Presiding Judge.

The captioned plaintiffs have appealed from a Rule 54.02 partial final non-jury judgment of the Trial Court dismissing plaintiffs' suit for refund of excess corporate franchise taxes paid for fiscal year 1991. Issues for review are presented as follows:

Whether Tennessee Code Annotated, section 67-4-805(b)(2)(C)(ii), requires...

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