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WILBURN v. STATE

No. 3-90-231-CV.

824 S.W.2d 755 (1992)

Phyllis WILBURN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

February 5, 1992.

Attorney(s) appearing for the Case

Donald L. Anderson, Jr., Whitten, Hacker, Hagin, Anderson & Rucker, P.C., Abilene, for appellant.

Dan Morales, Atty. Gen., David Randell, Asst. Atty. Gen., Collections Div., Austin, for appellee.

Before POWERS, JONES and SMITH, JJ.

SMITH, Justice.

We withdraw our opinion and judgment dated November 13, 1991, and substitute the following in their place.

The question presented is whether the use of the term "debt" in § 171.255 of the Franchise Tax Act1 includes liability for delinquent unemployment taxes.

I. BACKGROUND

Travelcorp International, Inc. (Travelcorp), a Texas corporation, failed to pay its franchise taxes that were due March...

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