Glenn Hegar, Comptroller of Public Accounts of the State of Texas and Ken Paxton, Attorney General of the State of Texas v. Gulf Copper and Manufacturing Corporation

Hegar v. Gulf Copper · Supreme Court of Texas · December 20, 2017 · No. 17-0894

Summary

This document is a Petition for Review filed by the Texas Comptroller of Public Accounts and the Texas Attorney General in the Texas Supreme Court. It challenges a Third Court of Appeals decision concerning Gulf Copper’s Texas franchise-tax deductions for costs of goods sold and exclusion of subcontractor payments from total revenue. The petition addresses the interpretation and application of Texas Tax Code sections 171.1011 and 171.1012.

Questions Presented

  1. Whether Gulf Copper's repair and outfitting of drilling rigs and Sabine Surveyors' surveying of marine vessels qualified for the Texas Tax Code section 171.1012(i) cost-of-goods-sold deduction.
  2. Whether Gulf Copper could exclude subcontractor payments from total revenue under former Texas Tax Code section 171.1011(g)(3).
  3. Whether the court of appeals erred by remanding the cost-of-goods-sold issue when Gulf Copper allegedly had not presented evidence establishing allowable costs.

Disposition

other

Cases Cited (17)

  • Combs v. Newpark Resources, Inc., 422 S.W.3d 46 (Tex. App.—Austin 2013, no pet.)(discussed)
  • Titan Transp. LP v. Combs, 433 S.W.3d 627 (Tex. App.—Austin 2014, pet. denied)(distinguished)
  • Sheshunoff v. Sheshunoff, 172 S.W.3d 686 (Tex. App.—Austin 2005, pet. denied)(discussed)
  • Owens Corning v. Hegar, 2017 WL 1244444, at *3 (Tex. App.—San Antonio Apr. 5, 2017, pet. denied)(discussed)
  • In re Nestle USA, Inc., 387 S.W.3d 610 (Tex. 2012)(discussed)
  • Hegar v. CGG Veritas Servs. (U.S.), Inc., 2016 WL 1039054, at *3 (Tex. App.—Austin Mar. 9, 2016, no pet.)(discussed)
  • Hegar v. Sunstate Equip. Co., 2017 WL 279602, at *3 (Tex. App.—Austin Jan. 20, 2017, pet. filed)(discussed)
  • State v. Shumake, 199 S.W.3d 279 (Tex. 2006)(discussed)
  • First Am. Title Ins. Co. v. Combs, 258 S.W.3d 627 (Tex. 2008)(discussed)
  • Alex Sheshunoff Mgmt. Servs. L.P. v. Johnson, 209 S.W.3d 644 (Tex. 2006)(discussed)

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