Security Equipment Supply, Inc. v. Richard H. Roberts, Commissioner Of Revenue, State of Tennessee

OPINION

Frank G. Clement, Jr., P.J., M.S.,

delivered the opinion of the Court,

in which Andy D. Bennett and Richard H. Dinkins, JJ., joined.

At issue is whether a taxpayer’s sales are properly classified as “retail sales” or “wholesale sales” under the Business Tax Act, Tenn. Code Ann. §§ 67-4-701 to -730, and Tenn. Comp. R. & Regs. 1320-04-05-.47. Following an audit, the Tennessee Department of Revenue determined that the taxpayer misclassified its sales as “wholesale sales,” when they should have been classified as “retail sales,” and assessed the taxpayer with $74,088.10 in tax liability.…