August 29, 2007
FOR IMMEDIATE RELEASE

Texas Court of Appeals' Decision in Home Interiors is Now Final.
The Comptroller has decided not to file a Petition for a Writ of Certiorari with the United States Supreme Court, which would have been due on August 29, 2007. As a result, the Court of Appeals’ Opinion in Home Interiors is now final. The Third Court of Appeals found that the earned surplus throwback provision of the Texas franchise tax unconstitutionally burdens interstate commerce as a result of unfairly apportioning the tax base. See Home Interiors & Gifts, Inc. v. Strayhorn, 175 S.W.3d 856 (Tex. App.--Austin 2005, pet. denied). For more details regarding the Opinion, see the prior releases dated August 7, 2005, September 27, 2005, and March 27, 2007.

TECHNICAL INFORMATION CONTACTS:

Eric Stein Principal Ryan & Company 512.476.0022 Eric Stein

Sandi Farquharson Senior Taxpayer Advocate Ryan & Company 512.476.0022 Sandi Farquharson

Sarah Stroud Senior Manager Ryan & Company 972.934.0022 Sarah Stroud

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