SCHOLASTIC BOOK CLUBS, INC. v. FARR

No. M2011-01443-COA-R3-CV.

373 S.W.3d 558 (2012)

SCHOLASTIC BOOK CLUBS, INC. v. Reagan FARR, Commissioner of Revenue, State of Tennessee.

Court of Appeals of Tennessee, at Nashville.

January 27, 2012.

Application for Permission to Appeal Denied by Supreme Court June 22, 2012.


Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter, William E. Young , Solicitor General and Brian J. Ramming , Assistant Attorney General, for the appellants, Reagan Farr, Commissioner of Revenue, State of Tennessee.

David W. Bertoni , Lewiston, Maine, and Charles A. Trost , G. Michael Yopp and Christopher A. Wilson , Nashville, Tennessee, for the appellee, Scholastic Book Clubs, Inc.


OPINION

DAVID R. FARMER, J., delivered the opinion of the Court, in which ALAN E. HIGHERS, P.J., W.S., and HOLLY M. KIRBY, J., joined.

The trial court determined that the Commissioner of Revenue's assessment of sales and use taxes against out-of-state Plaintiff for sales to customers in Tennessee was not permitted under the Commerce Clause of the United States Constitution, and entered judgment in favor of Plaintiff. The Commissioner of Revenue appeals....

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