IBM Credit Corp. v. County of Hamilton

OPINION

FRANKS, Judge.

The Chancellor ordered the plaintiff reimbursed by the taxing authorities for taxes paid under protest, and defendants have appealed.

The issue on appeal is whether plaintiff is required to pay personal property taxes under Tenn.Code Ann. § 67-5-901 et seq. for tangible personal property previously leased to third parties. We think not.

The facts are not disputed. Plaintiff leased tangible personal property to customers in Chattanooga and Hamilton County in 1988 and paid business taxes to the City and County on the gross receipts derived from its 1988 leases. Plaintiff also…