Texas Court Opens Door For Challenge To Tax Audit Rules

Law360, Dallas (September 26, 2013, 8:17 PM EDT) -- A Texas appeals court on Thursday held that two administrative memos the state comptroller’s office uses as guidance in auditing convenience stores and other retailers qualify as rules, reversing dismissal of a potential class action that claims the rules were improperly promulgated.

Convenience store owner Sanadco Inc. was ordered by the Office of Comptroller of Public Accounts to pay additional taxes after an audit found it had underreported alcohol and tobacco sales, but the company countersued, claiming two memos that instruct auditors how to estimate taxes...
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