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TEXAS CITRUS EXCHANGE v. SHARP

No. 03-97-00010-CV.

955 S.W.2d 164 (1997)

TEXAS CITRUS EXCHANGE, a Texas Cooperative Association, Appellant, v. John SHARP, Comptroller of Public Accounts of the State of Texas; and Dan Morales, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

October 23, 1997.

Attorney(s) appearing for the Case

Scott A. Walsh, Jarvis & Kittleman, P.C., McAllen, for Appellant.

Dan Morales, Atty. Gen., Nancy L. Prosser, Asst. Gen., Taxation Division, Austin, for Appellee.

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

ON MOTION FOR REHEARING

BEA ANN SMITH, Justice.

To address certain issues raised in the motion for rehearing we withdraw our earlier opinion and judgment issued August 14, 1997, and substitute this one in its place.

Texas Citrus Exchange sued the Comptroller for a refund of $49,593.26 in taxes paid on electricity used in juice production. The Comptroller determined that electricity Texas Citrus used in maintaining frozen ingredients as part of juice...

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