Dobson v. Huddleston

I respectfully dissent.

This is a tax case. It is governed by Chapter 2 of Title 67 of Tennessee Code Annotated (commonly known as the “Hall Income Tax Act”), particularly sections 67-2-102 and 67-2-104(k) thereof. Contrary to the impression left from reading the majority’s opinion, this tax case is not governed by the Tennessee Business Corporation Act, which became effective in 1988.

The primary issue before the Court in this case is the same issue that was before the Court in Fidelity-Bankers Trust Co. v. McCanless, 181 Tenn. 476, 181 S.W.2d 747 (1944). The Court stated that issue as follows: