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Travis Texas Form 1042-T: What You Should Know
In order to appeal, the requestor must file or have filed a written request for appeal within 30 days of receipt of the decision. The requestor or the governmental body shall keep a copy of the request filed in accordance with Travis County Code Chapter 551.10 of the Code of Civil Procedure on file with the court and provide copies of the request to attorney general as required by the order. In an appeal under this subsection the appeal is considered to be an interlocutory appeal and the attorney general shall, as soon as possible after the decision is made from the appeals court, appeal the decision from the district court to this court. It is unlawful for the requestor or governmental body to file a request for appeal unless the requestor or government entity has not filed an appeal pending under this section before the date set for the appeal. The judge shall set a time limit for the appeal based on the reasons shown in the request. If an appeal is not filed within the time set, or there is no appeal filed within the time set, the request is denied. Appropriate time for the requestor to file an appeal is within 45 days of the date the requestor receives notice of the final decision from the attorney general's office. Request for appeals not filed by 45 days of the date the requestor receives notice of the final decision from the attorney general's office are considered waived. The judge may, upon the court's own motion, set a date for hearing an appeal under this section. The judge shall conduct the hearing within 60 days after the record is submitted. Travis County Code Chapter 551.10 of the Code of Civil Procedure is in effect during the hearing. The appeal shall be based on any ground for reversal set forth in the decision. The requestor must respond to any factual findings made by the attorney general in the decision. If an appeal is not granted, the judge shall proceed with the original determination of whether the requestor owes any withholding tax and, if the matter is referred to an administrative law judge or the court of appeals, the judge shall render judgment for the requestor, in his individual capacity and a taxpayer of the requestor or governing entity.
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