Tibbals Flooring Co. v. Olsen

OPINION

BROCK, Justice.

The plaintiff, Tibbals Flooring Company, paid sales taxes at the full rate on the cost of materials and labor employed in constructing a “pre-dryer,” an air filter and some “dust collectors” as integral parts of its parquet manufacturing plant at Oneida, Tennessee. It paid these taxes under protest and brought this action against the Commissioner to recover back a substantial portion of the payment on the theory that the pre-dryer, the air filter and the dust collectors constituted “industrial machinery” as defined in T.C.A., Section 67-6-102(8), which provides that such…