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CALVERT v. H. E. BUTT GROCERY COMPANY

No. 11306.

388 S.W.2d 727 (1965)

Robert S. CALVERT, Comptroller of Public Accounts of Texas, Appellant, v. H. E. BUTT GROCERY COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied March 31, 1965.

Attorney(s) appearing for the Case

Waggoner Carr, Atty. Gen., H. Grady Chandler, W. E. Allen, Asst. Attys. Gen., Austin, for appellant; Don Bishop, Charles Prock, Austin, Office of the Comptroller of Public Accounts of the State of Texas, of counsel.

Sorrell, Anderson, Porter & Stone, Corpus Christi, for appellee.

HUGHES, Justice.

Appellee, H. E. Butt Grocery Company, sued Robert S. Calvert, Comptroller of Public Accounts of Texas, for a refund of taxes paid pursuant to a tax deficiency determination made by the Comptroller as taxes due under the Limited Sales, Excise and Use Tax Act of 1961. Ch. 20, Title 122A, Taxation General, Vernon's Ann.Civ. St. The provisions of Art. 20.10 of such Act prescribing procedure for claiming such...

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