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WORKERS' COMP. v. COMPTROLLER OF PUB. ACC.

No. 03-01-00371-CV.

67 S.W.3d 417 (2002)

TEXAS WORKERS' COMPENSATION INSURANCE FACILITY, Appellant, v. COMPTROLLER OF PUBLIC ACCOUNTS and The Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

January 10, 2002.

Attorney(s) appearing for the Case

Larry Parks, Burnie Burner, Long, Burner, Parks, McClellan & DeLargy, P.C., Austin, for appellant.

William E. Storie, Assistant Attorney General, Taxation Division, Austin, for appellees.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and PURYEAR.

BEA ANN SMITH, Justice.

Appellant Texas Workers' Compensation Insurance Facility (the Facility) seeks a refund of roughly $24,000,000 from the Comptroller for taxes it claims it paid. The tax at issue is the maintenance tax surcharge paid by insurance companies that write workers' compensation insurance policies. See Tex. Ins.Code Ann. art. 5.76-5, § 10(a)(1) (West Supp.2002). Although the Facility was an association of workers' compensation insurance...

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