AT & T COM. v. DEPT. OF REVENUE

No. 87SA253.

778 P.2d 677 (1989)

AT & T COMMUNICATIONS OF THE MOUNTAIN STATES, INC., Plaintiff-Appellee, v. STATE of Colorado, DEPARTMENT OF REVENUE, and Alan N. Charnes, as Executive Director of the Department of Revenue, Defendants-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 18, 1989.


Attorney(s) appearing for the Case

Nancy J. Gegenheimer and R. Bruce Johnson, Holme Roberts & Owen, Denver, and James P. Kratochvill and J. Elaine Bialczak, Basking Ridge, N.J., for plaintiff-appellee.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and Anthony S. Trumbly, Asst. Atty. Gen., Denver, for defendants-appellants.

Geoffrey T. Wilson, Denver, for amicus curiae Colorado Municipal League.


MULLARKEY, Justice.

In this appeal, we must decide whether the sale of local telephone network access services used in connection with interstate telephone calls is subject to state sales tax under section 39-26-104(1)(c), 16B C.R.S. (1982). We hold that it is taxable. We reverse the district court judgment and remand the case to that court to determine the amount of sales tax owed by AT & T Communications of the Mountain States, Inc. to the state of Colorado...

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