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ARCH PETROLEUM, INC. v. SHARP

No. 03-97-00143-CV.

958 S.W.2d 475 (1997)

ARCH PETROLEUM, INC., Appellant, v. John SHARP, Comptroller of Public Accounts of the State of Texas; Dan Morales, Attorney General of the State of Texas; and Martha Whitehead, Treasurer of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

December 18, 1997.

Attorney(s) appearing for the Case

Ray Langenberg, Scott, Douglass, Luton & McConnico, L.L.P., Austin, for Appellant.

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

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

JONES, Justice.

Appellant, Arch Petroleum, Inc. ("Arch") sued appellee, John Sharp, Comptroller of Public Accounts ("Comptroller"), to obtain a refund of franchise taxes paid under protest.1 After a bench trial, the district court found the Comptroller's assessment of taxes to be correct. In one point of error, Arch contends the trial court erred in concluding that Arch must include in its franchise tax base $7 million in convertible redeemable...

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