Broadmoor-Kingsport Apartments, Inc. v. State

OPINION

COOPER, Chief Justice.

This action was instituted by Broadmoor-Kingsport Apartments, Inc. (BKAI) to recover $19,810.00 in corporate franchise taxes, penalty and interest assessed by the Tennessee Department of Revenue for 1975, 1976 and 1977, and paid under protest. BKAI contended that it had not been doing business in Tennessee within the meaning of T.C.A. § 67-2902 (now § 67-4-903(a)), and, in the alternative, that no tax was owed under T.C.A. § 67-2908 (now § 67-4-906(a)), since it had neither owned or used property of value in Tennessee. On considering the facts stipulated and the…