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BULLOCK v. MARATHON OIL CO.

Nos. 3-89-216-CV, 3-89-217-CV.

798 S.W.2d 353 (1990)

Bob BULLOCK, Comptroller of Public Accounts of the State of Texas, et al., Appellants, v. MARATHON OIL COMPANY, Appellee. Bob BULLOCK, Comptroller of Public Accounts of the State of Texas, et al., Appellants, v. MARATHON PETROLEUM COMPANY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 28, 1990.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Harriet D. Burke, Asst. Atty. Gen., Austin, for appellants.

Scott Moore, McGinnis, Lochridge & Kilgore, Austin, for appellee.

Before POWERS, JONES and EARL W. SMITH, JJ.

EARL W. SMITH, Justice.

Marathon Oil Company and Marathon Petroleum Company, appellees, sued under Tex. Tax Code Ann. §§ 112.051-112.060 (1982 & Supp.1990), the tax protest statute, to recover franchise taxes paid under protest. Appellees also sued for declaratory judgment that the Comptroller's rule 3.403, 34 Tex.Admin.Code § 3.403(c)(14) (1987) [superseded 1988], is invalid as of the time that appellees...

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