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BULLOCK v. KING RESOURCES CO.

No. 5763.

555 S.W.2d 789 (1977)

Bob BULLOCK, Comptroller of Public Accounts of the State of Texas, et al., Appellants, v. KING RESOURCES COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

August 25, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Martha E. Smiley, R. L. Lattimore, Asst. Attys. Gen., Austin, for appellants.

E. Richard Criss, Jr., Brown, Maroney, Rose, Baker & Barber, Austin, for appellee.

HALL, Justice.

King Resources Company is a Maine corporation engaged in the oil and gas production business in Texas. It brought this suit against the State Comptroller and other involved officials to recover a deficiency franchise tax assessed against it for the year 1970 which was paid under protest. At issue is the interpretation of the term "net gain" in Article 12.02(1)(d), V.A.T.S. Tax-Gen., and its application to...

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