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R COMMUNICATIONS, INC. v. SHARP

No. 3-91-390-CV.

839 S.W.2d 947 (1992)

R COMMUNICATIONS, INC., f/k/a R N Communications, Inc., Appellant, v. Honorable John SHARP, Comptroller of Public Accounts of the State of Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 14, 1992.

Attorney(s) appearing for the Case

Ralph C. Perry-Miller, Perry-Miller, Beasley & Hume and Mark H. How, Short, How, Frels & Tredoux, Dallas, for appellant.

Dan Morales, Atty. Gen. and Gregory E. Perry, Asst. Atty. Gen., Austin, for appellee.

Before CARROLL, C.J., and ABOUSSIE and B.A. SMITH, JJ.

ON MOTION FOR REHEARING

B.A. SMITH, Justice.

The prior opinion of this Court, dated August 26, 1992, is withdrawn and the following is substituted therefor.

R Communications, Inc. (the Corporation) sought review of a sales tax deficiency assessed by the Comptroller of Public Accounts ("Comptroller") without first paying the taxes allegedly owed. The Tax Code requires a taxpayer to make payment with a written...

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