Associated Partnership I, Inc. v. Huddleston

I concur with the holding that, under prior decisions of this Court,1 the proceeds from *200the liquidation of the partnership interest owned by Associated Partnership, Inc. are “non-business earnings” within the meaning of the statute applicable at the time of the liquidation.

However, I would hold that the commercial domicile of the taxpayer was Tennessee and, therefore, pursuant to T.C.A. § 67-4-810, the earnings realized on the liquidation are subject to allocation to Tennessee.

The majority is guided by form rather than principle, and, as stated in Wheeling Steel Corp. v. Fox, 298 U.S. 193, 56…