FED-MART OF TEXAS, INC. v. CALVERT

No. 11885.

474 S.W.2d 297 (1971)

FED-MART OF TEXAS, INC., Appellant, v. Robert S. CALVERT, Comptroller of Public Accounts, State of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

November 24, 1971.


Attorney(s) appearing for the Case

Flahive & Ogden, T. P. Flahive, Austin, for appellant.

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., John R. Grace and Camm Lary, Asst. Attys. Gen., Austin, for appellee.


SHANNON, Justice.

This is a tax refund suit filed by appellant, Fed-Mart of Texas, Inc. in Travis County to recover $10,993.76 paid under protest by appellant to appellee, Robert S. Calvert, Comptroller of Public Accounts. Upon trial to the court, judgment was entered that appellant take nothing. We affirm that judgment.

The sum in controversy represents a penalty assessed against appellant for the late filing of the quarterly sales tax return. According to...

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