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2020 Tennessee Code
Title 67 - Taxes and Licenses
Chapter 1 - General Provisions
Part 9 - Payment of Tax Under Protest
§ 67-1-904. Jurisdiction of Suit — Certification and Repayment
Universal Citation: TN Code § 67-1-904 (2020)
- The suit may be tried in any court in the county of the taxpayer's residence or in the county of the location of the defendant having jurisdiction of the amount and parties, and if it be determined that the tax was wrongfully collected as not being due from the party to the state, for any reason going to the merits of the tax, then the court trying the case may certify of record that the tax was wrongfully paid and ought to be refunded, together with such interest as the court may determine to be proper, not exceeding the legal rate, and thereupon the commissioner of finance and administration shall issue a warrant for the refund, which shall be paid in preference to other claims on the state treasury.
- For the purpose of suits brought under this chapter, the commissioner of revenue shall be considered a resident of each of the several counties of the state.
- This section shall not apply after January 1, 1986, to any tax collected or administered by the commissioner of revenue.
- Notwithstanding any other provisions of this section, suits to recover ad valorem taxes wrongfully collected by a city or county must be tried in the county wherein the taxes are collected.
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