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SATURN CORP. v. JOHNSON

236 S.W.3d 156 (2007)

SATURN CORPORATION v. Ruth JOHNSON, Commissioner of the Department of Revenue for the State of Tennessee.

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

January 31, 2007.

Permission to Appeal Denied June 18, 2007.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr., Attorney General and Reporter; and Brad H. Buchanan, Assistant Attorney General, for the Department of Revenue for the State of Tennessee.

Frank N. Stockdale Carney and Katharine A. Jungkind, Memphis, Tennessee; and James E. Gaylord and Paul D. Krivacka, Nashville, Tennessee, for the appellee, Saturn Corporation.

Permission to Appeal Denied by Supreme Court June 18, 2007.

OPINION

FRANK G. CLEMENT, Jr., J., delivered the opinion of the court, in which WILLIAM C. KOCH, Jr., P.J., M.S., and PATRICIA J. COTTRELL, J., joined.

The Department of Revenue appeals the Chancellor's ruling that the "surcharge" imposed on self-insured employers by Tenn.Code Ann. § 56-4-207(a) on deemed workers' compensation premiums is part of a premium tax for purposes of the tax...

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