Tennessee Code Annotated
Tenn. Code Ann. § 67-4-805 (2026)
Effect of nonpayment on validity and issuance of bond
✓ current as of May 2026
Payment of the tax imposed by this part shall be a condition precedent to the validity of any bail bond under title 40, chapter 11. No bond shall issue unless the tax has been paid.
Acts 2001, ch. 456, § 6.
Notes of Decisions
Cited in 19
cases, 1984–2008 · leading case: Wachovia Bank of North Carolina, N.A. v. Johnson, 26 S.W.3d 621 (Tenn. Ct. App. 2000).
Wachovia Bank of North Carolina, N.A. v. Johnson, 26 S.W.3d 621 (Tenn. Ct. App. 2000). “It is also clear that net earnings, as defined in § 67-4-805 as federal taxable income, is basically income minus expenses.”
First Am. Nat'l Bank of Knoxville v. Olsen, 751 S.W.2d 417 (Tenn. 1987). “, to cure the same discriminatory treatment of Federal obligations found in the local bank tax act, which the Legislature repealed, by including Tennessee obligations in the excise tax base under T.”
Tennessee Growers, Inc. v. King, 682 S.W.2d 203 (Tenn. 1984). “Since Shelton reported taxable income for federal tax purposes for the tax year in question, it also had, absent an offsetting adjustment, net earnings for state excise tax purposes. The "recapture of depreciation” item of federal taxable income is not an enumerated adjustment.”
Am. Tel. & Tel. Co. v. Huddleston, 880 S.W.2d 682 (Tenn. Ct. App. 1994). “The excise tax law in effect in Tennessee at all times pertinent required each plaintiff to pay an excise tax equal to 6% of its net earnings as defined in Tennessee Code Annotated § 67-4-805. Corporations doing business both within and without Tennessee are permitted to…”
South Cent. Bell Tel. Co. v. Celauro, 754 S.W.2d 605 (Tenn. 1988). “See T.C.A. § 67-4-805. The statutes provide for a number of subtractions from federal taxable income, including the following: A portion of the gain or loss of the sale or other disposition of property having a higher basis for Tennessee excise tax purposes than federal income…”
Gen. Care Corp. v. Olsen, 705 S.W.2d 642 (Tenn. 1986). “§ 337 sales to be recognized as “net earnings” under T.C.A. § 67-4-805 for state excise tax purposes, and accordingly, plaintiff filed with the Franchise and Excise Division of the Tennessee Department of Revenue a final excise tax return reflecting a capital gain of $61,306,126…”
Sherwin-Williams Co. v. Johnson, 989 S.W.2d 710 (Tenn. Ct. App. 1998). “The Tennessee Excise Tax law in effect in 1987 through 1990 required the Plaintiff to pay an excise tax equal to six percent (6%) of its “net earnings” as defined in T.C.A. § 67-4-805. Corporations doing business both within and without Tennessee are permitted to allocate and…”
S. Ry. Co. v. Taylor, 812 S.W.2d 577 (Tenn. 1991). “” Pursuant to T.C.A. § 67-4-805, all of the items of gross income and all of the deductions that are taken into account in determining federal “taxable income” are also taken into account in determining “net earnings” for excise tax purposes, except as specifically provided…”
Newell Window Furnishing, Inc. v. Johnson, 311 S.W.3d 441 (Tenn. Ct. App. 2008). “Tenn.Code Ann. § 67-4-805(a)(l). Both of these statutory provisions were in effect when Newell elected to proceed under 26 U.”
Hollingsworth, Inc. v. Ruth E. Johnson, 138 S.W.3d 863 (Tenn. Ct. App. 2003). “In Little Six we were seeking to determine the taxpayer’s right to net operating loss deductions based upon an analysis of T.C.A. 67-4-805 and Revenue Rule 1320-6 — 1—.”
Kellogg Co. v. Olsen, 675 S.W.2d 707 (Tenn. 1984). “, § 67-2704(b) [now § 67-4-805(b)(2)(A)]. The trial court held that plaintiff was entitled to the refund, and the Commissioner brought this appeal.”
Midland Bank & Trust Co. v. Olsen, 717 S.W.2d 580 (Tenn. 1986). “Rules and regulations regarding the calculation and administration of the regular corporate excise tax are' pertinent, because the tax is to be calculated in the same manner as that tax. 615 S.W.2d at 152 .”
— Tenn. Code Ann. § 67-4-805(1) — 1 case
South Cent. Bell Tel. Co. v. Celauro, 754 S.W.2d 605 (Tenn. 1988). “See T.C.A. § 67-4-805. The statutes provide for a number of subtractions from federal taxable income, including the following: A portion of the gain or loss of the sale or other disposition of property having a higher basis for Tennessee excise tax purposes than federal income…”
— Tenn. Code Ann. § 67-4-805(2) — 1 case
South Cent. Bell Tel. Co. v. Celauro, 754 S.W.2d 605 (Tenn. 1988). “See T.C.A. § 67-4-805. The statutes provide for a number of subtractions from federal taxable income, including the following: A portion of the gain or loss of the sale or other disposition of property having a higher basis for Tennessee excise tax purposes than federal income…”
— Tenn. Code Ann. § 67-4-805(2)(C) — 2 cases
First Am. Nat'l Bank of Knoxville v. Olsen, 751 S.W.2d 417 (Tenn. 1987). “, to cure the same discriminatory treatment of Federal obligations found in the local bank tax act, which the Legislature repealed, by including Tennessee obligations in the excise tax base under T.”
S. Ry. Co. v. Taylor, 812 S.W.2d 577 (Tenn. 1991). “” Pursuant to T.C.A. § 67-4-805, all of the items of gross income and all of the deductions that are taken into account in determining federal “taxable income” are also taken into account in determining “net earnings” for excise tax purposes, except as specifically provided…”
— Tenn. Code Ann. § 67-4-805(2)(D) — 1 case
South Cent. Bell Tel. Co. v. Celauro, 754 S.W.2d 605 (Tenn. 1988). “See T.C.A. § 67-4-805. The statutes provide for a number of subtractions from federal taxable income, including the following: A portion of the gain or loss of the sale or other disposition of property having a higher basis for Tennessee excise tax purposes than federal income…”
— Tenn. Code Ann. § 67-4-805(2)(D)(1988) — 1 case
Hilloak Realty Co. v. Chumley, 233 S.W.3d 816 (Tenn. Ct. App. 2007).
— Tenn. Code Ann. § 67-4-805(a)(1) — 1 case
Wachovia v. Johnson (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 67-4-805(a)(3) — 2 cases
Wachovia Bank of North Carolina, N.A. v. Johnson, 26 S.W.3d 621 (Tenn. Ct. App. 2000). “It is also clear that net earnings, as defined in § 67-4-805 as federal taxable income, is basically income minus expenses.”
Wachovia v. Johnson (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 67-4-805(a)(3)(1994) — 2 cases
Wachovia Bank of North Carolina, N.A. v. Johnson, 26 S.W.3d 621 (Tenn. Ct. App. 2000). “It is also clear that net earnings, as defined in § 67-4-805 as federal taxable income, is basically income minus expenses.”
Wachovia v. Johnson (Tenn. Ct. App. 2000).
— Tenn. Code Ann. § 67-4-805(a)(l) — 4 cases
Wachovia Bank of North Carolina, N.A. v. Johnson, 26 S.W.3d 621 (Tenn. Ct. App. 2000). “It is also clear that net earnings, as defined in § 67-4-805 as federal taxable income, is basically income minus expenses.”
Newell Window Furnishing, Inc. v. Johnson, 311 S.W.3d 441 (Tenn. Ct. App. 2008). “Tenn.Code Ann. § 67-4-805(a)(l). Both of these statutory provisions were in effect when Newell elected to proceed under 26 U.”
S. Ry. Co. v. Taylor, 812 S.W.2d 577 (Tenn. 1991). “” Pursuant to T.C.A. § 67-4-805, all of the items of gross income and all of the deductions that are taken into account in determining federal “taxable income” are also taken into account in determining “net earnings” for excise tax purposes, except as specifically provided…”
Indep. S. Bancshares, Inc. v. Huddleston, 912 S.W.2d 705 (Tenn. Ct. App. 1995).
— Tenn. Code Ann. § 67-4-805(b) — 1 case
AT&T Corp. v. Ruth Johnson, 148 S.W.3d 74 (Tenn. Ct. App. 2004).
— Tenn. Code Ann. § 67-4-805(b)(2)(A) — 3 cases
Kellogg Co. v. Olsen, 675 S.W.2d 707 (Tenn. 1984). “, § 67-2704(b) [now § 67-4-805(b)(2)(A)]. The trial court held that plaintiff was entitled to the refund, and the Commissioner brought this appeal.”
S. Ry. Co. v. Taylor, 812 S.W.2d 577 (Tenn. 1991). “” Pursuant to T.C.A. § 67-4-805, all of the items of gross income and all of the deductions that are taken into account in determining federal “taxable income” are also taken into account in determining “net earnings” for excise tax purposes, except as specifically provided…”
Indep. S. Bancshares, Inc. v. Huddleston, 912 S.W.2d 705 (Tenn. Ct. App. 1995).
— Tenn. Code Ann. § 67-4-805(b)(2)(B) — 1 case
Tennessee Growers, Inc. v. King, 682 S.W.2d 203 (Tenn. 1984). “Since Shelton reported taxable income for federal tax purposes for the tax year in question, it also had, absent an offsetting adjustment, net earnings for state excise tax purposes. The "recapture of depreciation” item of federal taxable income is not an enumerated adjustment.”
— Tenn. Code Ann. § 67-4-805(b)(2)(C) — 2 cases
S. Ry. Co. v. Taylor, 812 S.W.2d 577 (Tenn. 1991). “” Pursuant to T.C.A. § 67-4-805, all of the items of gross income and all of the deductions that are taken into account in determining federal “taxable income” are also taken into account in determining “net earnings” for excise tax purposes, except as specifically provided…”
Indep. S. Bancshares, Inc. v. Huddleston, 912 S.W.2d 705 (Tenn. Ct. App. 1995).
— Tenn. Code Ann. § 67-4-805(b)(2)(C)(i) — 2 cases
Hollingsworth, Inc. v. Ruth E. Johnson, 138 S.W.3d 863 (Tenn. Ct. App. 2003). “In Little Six we were seeking to determine the taxpayer’s right to net operating loss deductions based upon an analysis of T.C.A. 67-4-805 and Revenue Rule 1320-6 — 1—.”
AT&T Corp. v. Ruth Johnson, 148 S.W.3d 74 (Tenn. Ct. App. 2004).
— Tenn. Code Ann. § 67-4-805(b)(2)(c)(i) — 1 case
AT&T Corp. v. Ruth Johnson, 148 S.W.3d 74 (Tenn. Ct. App. 2004).
— Tenn. Code Ann. § 67-4-805(l)(D) — 1 case
Cavalier Indus., Inc. v. Olsen, 706 S.W.2d 950 (Tenn. 1986).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.