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ARCO BLDG. SYSTEMS, INC. v. CHUMLEY

209 S.W.3d 63 (2006)

ARCO BUILDING SYSTEMS, INC. v. Loren L. CHUMLEY et al.

Court of Appeals of Tennessee at Nashville.

June 12, 2006.

Permission to Appeal Denied October 30, 2006.

Attorney(s) appearing for the Case

Michael D. Sontag and Bryan W. Metcalf, Nashville, Tennessee, for the appellant, Arco Building Systems, Inc.

Paul G. Summers, Attorney General and Reporter, and Jimmy G. Creecy, Chief Special Counsel, for the appellee, Loren L. Chumley, Commissioner of Revenue for the State of Tennessee.

Permission to Appeal Denied by Supreme Court October 30, 2006.

OPINION

WILLIAM C. KOCH, JR., P.J., M.S., delivered the opinion of the court, in which WILLIAM B. CAIN and FRANK G. CLEMENT, JR., JJ., joined.

This appeal involves the constitutionality of a sales and use tax assessment against an out-of-state seller of pre-engineered metal buildings. After conducting an audit, the Tennessee Department of Revenue assessed the seller $652,369.68 in uncollected...

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