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IN RE ALLCAT CLAIMS SERVICE, L.P.

No. 11-0589.

356 S.W.3d 455 (2011)

In re ALLCAT CLAIMS SERVICE, L.P. and John Weakly, Relators.

Supreme Court of Texas.

Decided November 28, 2011.

Attorney(s) appearing for the Case

James F. Martens, Michael Boydstun Seay, Lacy L. Leonard, Amanda Marie Traphagan, Martens Seay & Todd, G.P., Austin TX, for Plaintiff.

Kevin D. Van Oort, Deputy Chief—Financial & Tax Litigation Div., Greg W. Abbott, Attorney General of Texas, Susan Combs, Texas Comptroller of Public Accounts, Danica Lynn Milios, Jonathan F. Mitchell, David C. Mattax, William J. "Bill" Cobb III, Bill Davis, Office of the Attorney General, Daniel Tekstar Hodge, First Asst. Attorney General, Austin TX, for Defendant.

George S. Christian, Texas Taxpayers and Research Association, Austin, TX, for Amicus Curiae Texas Taxpayers and Research Association.

Christopher S. Johns, Dawson & Sodd LLP, Austin, TX, for Amicus Curiae Nikki Laing, CPA.

Thomas Jensen Morgan, Texas Association of Realtors, Austin, TX, for Amicus Curiae Texas Association of Realtors.

Juan F. Vasquez Jr., Chamberlain Hrdlicka White Williams & Aughtry, Houston, TX, for Amicus Curiae Tyson Hoffer.

Justice JOHNSON delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, and Justice GUZMAN joined.

In this original proceeding Allcat Claims Service, L.P., a limited partnership, and one of its limited partners seek an order directing the Comptroller to refund franchise taxes Allcat paid that were attributable to partnership income allocated, but not distributed, to its natural-person...

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