A Texas trial court denied a taxpayer’s claim that it was entitled to use the Multistate Tax Compact’s three-factor formula election for the Texas Margin Tax. The court’s order did not specifically address either the availability of the election or whether the tax meets the MTC’s definition of an “income tax.” The ruling is the first judicial decision in Texas on the issue and adds to the growing body of conflicting case law on the MTC election. The taxpayer’s remaining claims—an as-applied constitutional challenge to the single factor sales apportionment formula and tax rate structure and a challenge to the imposition of penalties and interest—remain pending. Graphic Packaging Corp. v. Combs, No. D-1-GN-12-003038 (353rd Jud. Distr. Ct., Travis Cnty., Tex., Jan. 15, 2014) (Byrne, J.).