Nestle Seeks Rehearing In Challenge To Texas Margin Tax

Law360, Dallas (November 6, 2012, 8:45 PM EST) -- Nestle Inc. on Monday asked the Texas Supreme Court to rehear its arguments that the state’s margin tax violates the equal and uniform taxation provision in the state constitution, saying the court’s October opinion wrongly relied on a rational basis analysis to uphold the tax.

Nestle’s motion for rehearing argues the court’s Oct. 19 opinion rejected the rational basis test — the lowest level of judicial scrutiny a court can give to a constitutional challenge — in favor of creating its own standard to evaluate the...
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