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STRAYHORN v. ETHICAL SOC. OF AUSTIN

No. 03-02-00066-CV.

110 S.W.3d 458 (2003)

Carole Keeton STRAYHORN, in her Official Capacity as Comptroller of Public Accounts, Appellant, v. ETHICAL SOCIETY OF AUSTIN, f/k/a Ethical Culture Fellowship of Austin, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 1, 2003.

Attorney(s) appearing for the Case

Julie Caruthers Parsley, Philip Andrew Lionberger, Office of Attorney General, Austin, for Appellant.

Peter D. Kennedy, George & Donaldson, L.L.P., David Weiser, Kator, Parks & Weiser, PLLC, Austin, for Appellee.

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

OPINION

MACK KIDD, Justice.

The Ethical Society of Austin ("the Ethical Society"), a congregation of individuals who meet regularly to practice a belief system known as "Ethical Culture," seeks tax-exempt status as a religious organization under the tax code. See Tex. Tax Code Ann. §§ 171.058, 151.310(a)(1), 156.102 (West 2002). The Texas Comptroller denied the application on the ground that the Ethical Society must demonstrate that...

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