Legal Opinion

Rylander v. 3 Beall Bros. 3, Inc.

Texas Court of Appeals, 3rd District (Austin)

Decided September 10, 1999No. 03-98-00533-CVPublishedCited by 40 opinions

1Opinion of the Court

JAN P. PATTERSON, Justice.

We withdraw our original opinion and judgment issued July 15, 1999, and substitute this one in its place.

3 Beall Brothers 3, Inc. (“Bealls”) sued appellants (collectively, “the Comptroller”) in district court for a refund of “additional tax.” 1 The district court granted summary judgment in favor of Bealls. We will reverse the district court judgment and render judgment in favor of the Comptroller.

THE CONTROVERSY

This is a franchise tax case. 2 The Texas franchise tax is imposed on the value of the privilege of doing business in Texas. See Bullock v. National…

2Cases cited37 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  3. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  4. Regan v. Taxation With Representation of WashingtonSupreme Court of the United States · 1983
  5. Lehnhausen v. Lake Shore Auto Parts Co.Supreme Court of the United States · 1973

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3Cited by40 opinions

  1. Rylander v. Fisher Controls International, Inc., Texas Court of Appeals, 3rd District (Austin)2001
  2. Upjohn Co. v. Rylander, Texas Court of Appeals, 3rd District (Austin)2000
  3. Sergeant Enterprises, Inc. v. Strayhorn, Texas Court of Appeals, 3rd District (Austin)2003
  4. Westcott Communications, Inc. v. Strayhorn, Texas Court of Appeals, 3rd District (Austin)2003
  5. Rylander v. B & a Marketing Co. Ex Rel. Atlantic Richfield Co., Texas Court of Appeals, 3rd District (Austin)1999

35 more not listed; retrieve them via the Exa API.

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