CAO Holdings, Inc. v. Loren L. Chumley, Commissioner of Revenue, State of Tennessee - Dissenting

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 11, 2009 Session CAO HOLDINGS, INC. v. LOREN L. CHUMLEY, COMMISSIONER OF REVENUE, STATE OF TENNESSEE Appeal from the Chancery Court for Davidson County No. 06-719-II Carol L. McCoy, Chancellor No. M2008-01679-COA-R3-CV - Filed May 27, 2009 FRANK G. CLEMENT , JR., J., dissenting. I respectfully disagree with the majority’s conclusion that CAO is entitled to the exemption under

Tenn. Code Ann. § 67-6-102(34)(A) (2006). My differing conclusion arises from my belief that the Commissioner established that CAO Holdings, Inc. (“CAO”) was subject…