Yoakum Industries, Inc. v. Calvert

Texas Supreme Court

Yoakum Industries, Inc. v. Calvert

414 S.W.2d 171, 10 Tex. Sup. Ct. J. 260, 1967 Tex. LEXIS 228

CourtTexas Supreme Court

DecidedMarch 15, 1967

DocketNo. A-11573

StatusPublished

Cited by1 cases

This text of 414 S.W.2d 171 (Yoakum Industries, Inc. v. Calvert) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Yoakum Industries, Inc. v. Calvert, 414 S.W.2d 171, 10 Tex. Sup. Ct. J. 260, 1967 Tex. LEXIS 228 (Tex. 1967).

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Opinion

POPE, Justice.

The question presented in this case is the same as that today decided in Humble Oil [172]*172& Refining Co. v. Calvert, 414 S.W.2d 172. Both cases were jointly presented to the courts below because the issue is common to both of them. In 1957 Yoakum Industries sold its leather processing and manufacturing business, and since that time all of its income has been from interest and dividends paid by foreign corporations. As in Humble, the Comptroller in 1963 assessed Yoakum Industries with additional taxes which it paid and for which this suit was brought to recover. For the reasons expressed in Humble, the receipts of interest and dividends were from foreign corporations and did not constitute business done in Texas within the meaning of art. 12.02, Title 122a, Vernon’s Ann. Civ. St.

The judgment of the court of civil appeals is reversed and the judgment of the trial court is affirmed.

STEAKLEY, J., not sitting in this case.

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POPE, Justice.

The question presented in this case is the same as that today decided in Humble Oil [172]*172& Refining Co. v. Calvert, 414 S.W.2d 172. Both cases were jointly presented to the courts below because the issue is common to both of them. In 1957 Yoakum Industries sold its leather processing and manufacturing business, and since that time all of its income has been from interest and dividends paid by foreign corporations. As in Humble, the Comptroller in 1963 assessed Yoakum Industries with additional taxes which it paid and for which this suit was brought to recover. For the reasons expressed in Humble, the receipts of interest and dividends were from foreign corporations and did not constitute business done in Texas within the meaning of art. 12.02, Title 122a, Vernon’s Ann. Civ. St.

The judgment of the court of civil appeals is reversed and the judgment of the trial court is affirmed.

STEAKLEY, J., not sitting in this case.

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414 S.W.2d 171, 10 Tex. Sup. Ct. J. 260, 1967 Tex. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yoakum-industries-inc-v-calvert-tex-1967.

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