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MEYER v. CHARNES

No. 84CA0114.

705 P.2d 979 (1985)

Arthur MEYER, Monroe Seifer, Theodore Jabara, and the estate of Phillip Fisher by Diana Fisher, Sydelle Meyer, and Marjorie Alfus, personal representatives, Plaintiffs-Appellants, v. Alan N. CHARNES, Executive Director of the Department of Revenue of the State of Colorado, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 14, 1985.

Certiorari Denied August 26, 1985.

Attorney(s) appearing for the Case

Goldstein & Armour, P.C., Gilbert Goldstein, Darrel L. Campbell, Denver, for plaintiffs-appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert L. Patterson, Asst. Atty. Gen., Denver, for defendant-appellee.

BABCOCK, Judge.

Arthur Meyer, Monroe Seifer, Theodore Jabara, and the estate of Phillip Fisher by its personal representatives (taxpayers) appeal from the judgment of the trial court entered upon a review of a ruling by the Colorado Department of Revenue (department). We reverse.

The issue is whether Subchapter S corporate distributions of income to nonresident shareholders are taxable as income to the shareholders...

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