Brittain v. McBeath

HUTCHINSON, Justice.

Bunch King Brittain appeals from a judgment that he recover nothing after a trial before the court. Brittain sued the Administrator of the Texas Alcoholic Beverage Commission (TABC), the Attorney General and the State Treasurer in their official capacities to recover $7,524.64' which he had paid to TABC under protest. TABC had assessed the $7,524.64 as delinquent and unreported gross receipt taxes and penalties after conducting audits of his two establishments, “Austin Country,” and “New Apartment,” licensed to sell alcoholic mixed beverages in Austin, Travis County, Texas.