NEWELL WINDOW FURNISHING, INC. v. JOHNSON

No. M2007-02176-COA-R3-CV.

311 S.W.3d 441 (2008)

NEWELL WINDOW FURNISHING, INC. v. Ruth E. JOHNSON, Commissioner of Revenue, State of Tennessee.

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

December 9, 2008.


Attorney(s) appearing for the Case

Frank N. Stockdale Carney and Katharine A. Jungkind, Memphis, Tennessee, and Paul D. Krivacka, Nashville, Tennessee, for the appellant, Newell Window Furnishing, Inc.

Robert E. Cooper, Jr., Attorney General and Reporter, and Brad H. Buchanan, Assistant Attorney General, Nashville, Tennessee, for the appellee, Ruth E. Johnson, Commissioner of Revenue, State of Tennessee.


OPINION

SHARON G. LEE, Sp. J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and D. MICHAEL SWINEY, J., joined.

The issues presented in this case involve the interplay between the Tennessee excise tax and the provisions of 26 U.S.C. § 338(h)(10). Newell Window Furnishing, Inc. ("Newell") filed suit for refund of state excise tax paid on income recognized from the sale of corporate...

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