MATTHEWS v. STATE, DEPT. OF REVENUE

No. 27251.

562 P.2d 415 (1977)

Robert S. MATTHEWS, Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

April 4, 1977.


Attorney(s) appearing for the Case

Maynes & Anesi, Sarah M. Duncan, Durango, for plaintiff-appellee.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Billy Shuman, Sp. Asst. Atty. Gen., Denver, for defendant-appellant.


KELLEY, Justice.

The question before us is whether it is constitutionally permissible for the Colorado taxing authorities to deny a trade-in allowance in computing the use tax on a motor vehicle purchased out of state when such a credit is allowed when the vehicle is purchased in Colorado. The trial court held that such unequal treatment was discriminatory and constituted an impermissible burden on interstate commerce. U.S.Const. art. I, § 8. We agree...

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