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STOKER MANAGEMENT, INC. v. SHARP

No. 03-97-00330-CV.

958 S.W.2d 286 (1997)

STOKER MANAGEMENT, INC. d/b/a/ JaniKing of Austin, 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.

Rehearing Overruled February 12, 1998.

Attorney(s) appearing for the Case

Warren W. Harris, Bracewell & Patterson, L.L.P., Houston, for Appellant.

Dan Morales, Attorney General, Nancy L. Prosser, Assistant Attorney General, Austin, for Appellee.

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

KIDD, Justice.

This is a sales tax collection case arising under Texas Tax Code section 111.016 (West 1992). The State Comptroller of Public Accounts ("Comptroller") audited Stoker Management, Inc. ("Stoker") and determined that Stoker was responsible for remitting to the Comptroller the sales tax on services performed by its franchisees. The Comptroller assessed sales tax liability against Stoker in the amount of $169,408.92, inclusive of tax, penalty, and interest...

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