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INVESTMENT HOTEL PROP. v. COLORADO SPRINGS

No. 88CA0304.

781 P.2d 113 (1989)

INVESTMENT HOTEL PROPERTIES, LTD., Plaintiff-Appellant, v. The CITY OF COLORADO SPRINGS, J.H.B. Wilson, Director of Finance for the City of Colorado Springs, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 6, 1989.

Certiorari Granted October 16, 1989.

Attorney(s) appearing for the Case

Holme Roberts & Owens, Richard R. Young, Brent E. Rychener, Colorado Springs, for plaintiff-appellant.

James G. Colvin II, City Atty., M. Allen Ziegler, Jr., Chief Corporate Atty., Robert J. Mack, Corporate Atty., Colorado Springs, for defendants-appellees.

Opinion by Judge SMITH.

In this C.R.C.P. 106(a)(4) proceeding, plaintiff Investment Hotel Properties, Ltd. (Hotel), appeals the trial court's judgment affirming the denial of its claim for a sales tax refund. We reverse.

Under Colorado Springs City Code 7-2-313, a sales tax is imposed upon the purchase price paid for tangible personal property. Colorado Springs City Code 7-2-311 further imposes a tax upon the rental of rooms and accommodations.

"The...

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