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BLUE BELL CREAMERIES, LP v. ROBERTS

No. M2009-00255-SC-R11-CV.

333 S.W.3d 59 (2011)

BLUE BELL CREAMERIES, LP v. Richard ROBERTS, Commissioner, Department of Revenue, State of Tennessee.

Supreme Court of Tennessee, at Nashville.

January 24, 2011.

Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; Michael E. Moore , Solicitor General; Brad H. Buchanan , Assistant Attorney General, for the appellant, Richard Roberts,1 Commissioner of Revenue, State of Tennessee.

James Campbell Bradshaw , Nashville, Tennessee, for the appellee, Blue Bell Creameries, LP.

Joe Barnett Huddleston , Washington, D.C., for the amicus curiae, Multistate Tax Commission.

OPINION

JANICE M. HOLDER, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., and GARY R. WADE, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

Taxpayer is a Delaware limited partnership that produces, sells, and distributes ice cream in Tennessee and elsewhere. At issue in this appeal is the Tennessee Department of Revenue's excise tax assessment on capital gains from a one-time stock...

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