Clement v. Stone

Smith, C. J.,

delivered a partially concurring opinion.

My associates may be right in holding that this Tennessee statute does not impose the type of income tax required by Section 37, Chapter 120, Laws of 1934. At all events, I can not confidently say that they are not, consequently I cheerfully surrender my former views herein and yield to their judgment in the matter. The Tennessee tax is a tax on gross income and “as used in the income tax statutes the word fincóme’ has usually been construed to mean net income as opposed to gross income." Niland v. Niland, 154 Wis. 514, 143 N. W. 170, Ann.…