Legal Opinion

Nabisco, Inc. v. Rylander

Texas Court of Appeals, 3rd District (Austin)

Decided May 6, 1999No. 03-98-00399-CVPublishedCited by 10 opinions

1Opinion of the Court

BEA ANN SMITH, Justice.

Appellants Nabisco, Inc., and Planters/Lifesavers Company (“Planters”) 1 filed suit after the Texas Comptroller of Public Accounts (the “Comptroller”) refused to refund franchise taxes for which appellants claimed a deduction under section 171.104(1) of the franchise tax statute. See Tex. Tax Code Ann. § 171.104(1) (West 1992). Appellants sought a refund for their denied deduction as well as a declaratory judgment that the Comptroller’s rule interpreting section 171.104(1) is contrary to the franchise tax statute. Following a bench trial, the trial court held that the…

2Cases cited12 opinions

  1. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  2. Japan Line, Ltd. v. County of Los AngelesSupreme Court of the United States · 1979
  3. Stanford v. ButlerTexas Supreme Court · 1944
  4. Sharp v. House of Lloyd, Inc.Texas Supreme Court · 1991
  5. Bullock v. National Bancshares Corp.Texas Supreme Court · 1979

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3Cited by10 opinions

  1. Southwestern Bell Telephone Co. v. Public Utility Commission of Texas, Texas Court of Appeals, 3rd District (Austin)2002
  2. GTE Southwest, Inc. v. Public Utility Commission, Texas Court of Appeals, 3rd District (Austin)2003
  3. Berry Contracting, L.P. v. Texas Workforce Commission, Texas Court of Appeals, 3rd District (Austin)2004
  4. Berry Contracting, L.P. v. Texas Workforce Commission, Texas Court of Appeals, 3rd District (Austin)2004
  5. DaimlerChrysler Corporation v. James E. Williams and Vicki Williams And Texas Motor Vehicle Board of the Texas Department of Transportation, Texas Court of Appeals, 3rd District (Austin)2000

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