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SHERWIN-WILLIAMS CO. v. JOHNSON

989 S.W.2d 710 (1998)

The SHERWIN-WILLIAMS COMPANY, Plaintiff/Appellant, v. Ruth E. JOHNSON, Commissioner of Revenue, State of Tennessee, Defendant/Appellee.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied April 19, 1999.

Attorney(s) appearing for the Case

Michael D. Sontag, Bryan W. Metcalf, Bass, Berry & Sims, 2700 First American Center Nashville, Michael T. Cummins, Joseph F. Timmons, The Sherwin Williams Co., Cleveland, Ohio, for Plaintiff/Appellant.

John Knox Walkup, Attorney General and Reporter, Joe C. Peel, Nashville, for Defendant/Appellee.

Permission to Appeal Denied by Supreme Court April 19, 1999.

OPINION

WILLIAM B. CAIN, Judge.

Plaintiff Sherwin-Williams Company filed suit pursuant to Tennessee Code Annotated section 67-1-1802 seeking a refund of corporate excise taxes with respect to tax years 1987, 1988, 1989 and 1990. The appeal presents three questions, to-wit:

1. Is return of capital from cash investments includable in the denominator under T.C.A. 67-4-811(g...

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