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SHARP v. INTERN. BUSINESS MACHINES CORP.

No. 03-95-00673-CV.

927 S.W.2d 790 (1996)

John SHARP, Comptroller of Public Accounts for the State of Texas, and Dan Morales, Attorney General of the State of Texas, Appellants, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Appellee.

Court of Appeals of Texas, Austin.

August 14, 1996.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Jim B. Cloudt, Asst. Atty. Gen., Taxation Division, Austin, for Appellants.

Lloyd Lochridge, McGinnis, Lochridge & Kilgore, L.L.P., Austin, for Appellee.

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

CARROLL, Chief Justice.

Appellee International Business Machines ("IBM") sought a franchise tax refund for the 1985 tax year which appellant John Sharp, Comptroller of Public Accounts ("Comptroller"), denied. IBM sued in district court to collect the refund, and the court granted partial summary judgment in favor of IBM and denied the Comptroller's motion for summary judgment. In four points of error, the Comptroller appeals, alleging that the trial court erred in...

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