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STRAYHORN v. RAYTHEON E-SYSTEMS, INC.

No. 03-02-00346-CV.

101 S.W.3d 558 (2003)

Carole Keeton STRAYHORN, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas/Raytheon E-Systems, Inc., Appellants, v. RAYTHEON E-SYSTEMS, INC./Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas, Appellees.

Court of Appeals of Texas, Austin.

Rehearing and Reconsideration Overruled March 27, 2003.

Attorney(s) appearing for the Case

Mark W. Eidman, Ray Langenberg, Doug Sigel, Austin, for Raytheon E-Systems, Inc.

Jim B. Cloudt and Jana Kaye Kinkade, Assistant Attorney General, Austin, for Appellants.

Before Justices YEAKEL, PATTERSON and PURYEAR.

Rehearing and Reconsideration En Banc Overruled March 27, 2003.

OPINION

JAN P. PATTERSON, Justice.

In this case, we must decide whether Raytheon E-Systems, Inc. ("Raytheon") is entitled to a refund of sales tax under the "sale for resale" exemption of the tax code. Raytheon seeks the exemption for purchases of tangible overhead items charged as indirect costs to its contracts with the federal government. Carole Keeton Strayhorn, Comptroller...

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