MONTGOMERY WARD & CO. v. STATE, DEPT. OF REVENUE

No. 28396.

628 P.2d 85 (1981)

MONTGOMERY WARD & CO., INC., Plaintiff-Appellant, v. STATE of Colorado, DEPARTMENT OF REVENUE and Alan Charnes, Executive Director, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 1, 1981.


Attorney(s) appearing for the Case

Ireland, Stapleton & Pryor, P.C., Benjamin F. Stapleton, Edward O. Byrne, Denver, Jerome J. Lutz, Chicago, Ill., for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Chris J. Eliopulos, Sp. Asst. Atty. Gen., Denver, for defendants-appellees.


ERICKSON, Justice.

The primary issue in this case is whether, under the "Emergency Retail Sales Tax Act of 1935," article 26 of title 39, C.R.S.1973 (Sales Tax Act), the Executive Director (Director) of the Department of Revenue (Department) can force Montgomery Ward & Co., Inc. (Wards) to abandon its use of the cash receipts basis for paying sales tax on credit sales and require it to use the accrual basis for paying said tax.

As the result of an audit...

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