BOONE v. CHUMLEY

No. E2010-01692-COA-R3-CV.

372 S.W.3d 104 (2011)

W. Turner BOONE et al. v. Loren L. CHUMLEY, Commissioner of the Tennessee Department of Revenue.

Court of Appeals of Tennessee, Eastern Section, at Knoxville.

November 30, 2011.

Permission to Appeal Denied by Supreme Court June 20, 2012.


Attorney(s) appearing for the Case

Charles W. Van Beke , Knoxville, Tennessee, for the appellants, W. Turner Boone and wife, Sally-Bruce M. Boone.

Robert E. Cooper, Jr. , Attorney General and Reporter; Joseph F. Whalen , Associate Solicitor General; and Gregory O. Nies , Assistant Attorney General, Tax Division, Nashville, Tennessee, for the appellee, Loren L. Chumley, Commissioner of the Tennessee Department of Revenue.


OPINION

CHARLES D. SUSANO, JR., J., delivered the opinion of the Court, in which HERSCHEL P. FRANKS, P.J., and JOHN W. McCLARTY, J., joined.

W. Turner Boone and wife, Sally-Bruce M. Boone ("the Taxpayers"), are Tennessee residents who own stock in South Carolina corporations. In 2001, the Taxpayers paid South Carolina income tax of $43,328 based on pass-through income1 of $623,941. The Taxpayers received dividend distributions...

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