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B. P. O. E. LODGE NO. 804, v. STATE OF DEPARTMENT OF REVENUE

No. 77-897.

582 P.2d 1068 (1978)

B. P. O. E. LODGE NO. 804, Plaintiff-Appellant, v. STATE of Colorado, DEPARTMENT OF REVENUE, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 8, 1978.

Certiorari Denied August 21, 1978.

Attorney(s) appearing for the Case

March, March, Myatt & Korb, Mark L. Korb, Fort Collins, for plaintiff-appellant.

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

VanCISE, Judge.

The executive director of the department of revenue (the department) determined that Fort Collins B. P. O. E. Lodge No. 804 (the lodge) was required to collect sales tax on the amount paid for meals served at the lodge, and was liable for a $3,475.10 deficiency plus penalty and interest for the period April 1, 1972, through March 31, 1975. After a trial de novo in the district court pursuant to § 39-21-105, C.R.S.1973, the department's...

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