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DEPT. OF REVENUE v. PUBLIC SERV. CO.

Supreme Court Case No. 11SC759.

330 P.3d 385 (2014)

2014 CO 59

DEPARTMENT OF REVENUE of the State of Colorado; and Barbara Brohl, in her official capacity as Executive Director of the Department of Revenue of the State of Colorado, Petitioners, v. PUBLIC SERVICE COMPANY OF COLORADO, Respondent.

Supreme Court of Colorado.

June 30, 2014.

Attorney(s) appearing for the Case

Attorneys for Petitioners: John W. Suthers , Attorney General, Daniel D. Domenico , Solicitor General, Robert H. Dodd, Jr. , Senior Assistant Attorney General, Grant T. Sullivan , Assistant Solicitor General, Denver, Colorado.

Attorneys for Respondent: Silverstein & Pomerantz, LLP, Neil I. Pomerantz , Mark E. Medina , Michelle Bush , Denver, Colorado.

En Banc.

JUSTICE EID delivered the Opinion of the Court.

¶ 1 Public Service Company of Colorado ("the taxpayer"), a producer of electricity, brought a tax refund claim against the Department of Revenue of the State of Colorado ("the Department") and its executive director, Barbara Brohl, in her official capacity. The taxpayer argued that it was entitled to a refund because it had paid taxes when it was actually eligible for an exemption under section 39-26-709(1)(a)(II...

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