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GOLDEN STATE BANK v. DOLAN

No. 75-127.

543 P.2d 1307 (1975)

In the Matter of The GOLDEN STATE BANK, a Colorado Corporation, Plaintiff-Appellant, v. Joseph F. DOLAN, Executive Director, Colorado Department of Revenue, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 20, 1975.

Certiorari Denied January 12, 1976.

Attorney(s) appearing for the Case

Bradley, Campbell & Carney, Tim L. Campbell, John G. Brant, Golden, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Edward G. Donovan, Sol. Gen., Chris J. Eliopulos, Sp. Asst. Atty. Gen., Denver, for defendant-appellee.

Selected for Official Publication.

BERMAN, Judge.

Appellant, Golden State Bank, appeals from the trial court's decision affirming a determination by the Director of the Department of Revenue denying its claim for a refund. We reverse.

The issue is whether a bank, taxed under 1969 Perm.Supp., C.R.S.1963, 138-1-35, which sustains a net operating loss in 1970, may carry back that loss to prior tax years, pursuant...

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