BERNARD HANYARD ENTERPRISES, v. McBEATH

No. 13730.

663 S.W.2d 639 (1983)

BERNARD HANYARD ENTERPRISES, INC., d/b/a Pizzazz, et al., Appellants, v. W.S. McBEATH, Administrator, Texas Alcoholic Beverage Commission, et al., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Denied January 18, 1984.


Attorney(s) appearing for the Case

Thadieth Son, Austin, for appellants.

Mark White, Atty. Gen., William C. Dufour, Asst. Atty. Gen., for appellees.

Before SHANNON, POWERS and BRADY, JJ.


POWERS, Justice.

Bernard Hanyard appeals a judgment of the trial court that dismisses, for want of jurisdiction, his suit to recover taxes paid the State of Texas under written protest. We will reverse the order of the trial court and remand the cause to that court for trial.

The primary issue on appeal is the proper construction to be given the word "taxpayer," as that word is used in Tex.Tax.Gen. Ann., art. 1.05(2). The statute, now repealed but applicable...

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