Nestle's Attack On Texas Margin Tax May Be An Uphill Battle

Law360, New York (July 27, 2012, 8:35 PM EDT) -- Nestle USA Inc. on Thursday urged the Texas Supreme Court to shoot down part of the state's controversial margin tax, claiming it wrongly charges similar businesses different rates in violation of the state Constitution's equal protection and equal and uniform clauses — a tough argument that has rarely won over Texas courts.

Seeking to recover $8.6 million it paid in franchise taxes to the state, Nestle argues in a brief that the margin tax that went into effect in 2008 arbitrarily and without a reasonable basis...
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