Texas Asks High Court To Toss Nestle Margin Tax Challenge

Law360, Dallas (August 20, 2012, 3:31 PM EDT) -- Texas’s Comptroller of Public Accounts on Thursday asked the state high court to throw out a lawsuit brought by Nestle Inc. challenging the state’s margin tax, telling the state’s Supreme Court in a brief that the tax is constitutional and that taxation matters should be left to the legislature.

The state told the Texas Supreme Court the legislature has broad discretion to create different tax classifications, countering Nestle's arguments that a margin tax was arbitrarily effected in 2008 and unreasonably charges retailers and wholesalers half the...
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