SHARP v. AMSCO STEEL CO.

No. 03-94-00169-CV.

893 S.W.2d 742 (1995)

John SHARP, Comptroller of Public Accounts of the State of Texas; and Dan Morales, Attorney General of the State of Texas, Appellants v. AMSCO STEEL COMPANY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 29, 1995.


Attorney(s) appearing for the Case

Dan Morales, Atty. Gen. and Gregory E. Perry (signed brief), Asst. Atty. Gen., Taxation Div., Austin, for appellants.

Troy L. Voelker (signed brief), McNery & Voelker, Round Rock, for appellee.

Before CARROLL, C.J., and JONES and KIDD, JJ.


KIDD, Justice.

Appellee AMSCO Steel Company sought a franchise tax refund for tax years 1986 and 1987 which appellant John Sharp, Comptroller of Public Accounts ("Comptroller") denied. AMSCO sued in district court to collect the refund and the court found in AMSCO's favor, awarding a refund of $7,607.25 plus statutory interest. The Comptroller appeals, alleging that AMSCO's claim was outside the applicable statute of limitations period. We will reverse the trial court...

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