DEPT. OF REVENUE v. CYPRUS SIERRITA CORP.

No. TX 92-00279.

177 Ariz. 301 (1994)

867 P.2d 871

ARIZONA DEPARTMENT OF REVENUE; State of Arizona v. CYPRUS SIERRITA CORPORATION.

Tax Court of Arizona.

February 3, 1994.


Attorney(s) appearing for the Case

Atty. Gen. by Michael P. Worley, Phoenix, for plaintiff.

Fennemore Craig, P.C. by Paul J. Mooney, David T. Cox and Ray T. Harris, Phoenix, for defendant.


OPINION

SCHAFER, Judge.

The issue in this case is whether three chemicals, sulfuric acid, LIX, and Orfom SX-7, used to produce cathode copper from copper ore, are "machinery" or "equipment." If they are, A.R.S. 42-1409(B)(1) exempts their cost from taxation.

The taxpayer, Cyprus Sierrita Corporation, is engaged in the business of producing copper from oxide copper ore and sulfide copper ore. The ores contain very low concentrations of copper; their...

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