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NABISCO, INC. v. RYLANDER

No. 03-98-00399-CV.

992 S.W.2d 678 (1999)

NABISCO, INC., and Planters/Lifesavers Company, Appellants, v. Carole Keeton RYLANDER, Comptroller of Public Accounts of the State of Texas; and John Cornyn, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

May 6, 1999.

Attorney(s) appearing for the Case

Gilbert J. Bernal, Jr., Stahl, Martens & Bernal, L.L.P., Austin, for appellant.

John Cornyn, Atty. Gen., Christine Monzingo, Asst. Atty. Gen., Taxation Division, Austin, for appellee.

Before Justices JONES, B.A. SMITH and YEAKEL.

BEA ANN SMITH, Justice.

Appellants Nabisco, Inc., and Planters/Lifesavers Company ("Planters")1 filed suit after the Texas Comptroller of Public Accounts (the "Comptroller") refused to refund franchise taxes for which appellants claimed a deduction under section 171.104(1) of the franchise tax statute. See Tex. Tax Code Ann. § 171.104(1) (West 1992). Appellants sought a refund for their denied deduction as well as a declaratory...

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