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IRBY CONST. v. ARIZONA DEPT. OF REVENUE

No. 1 CA-TX 94-0003.

184 Ariz. 105 (1995)

907 P.2d 74

IRBY CONSTRUCTION COMPANY, a Mississippi corporation, Plaintiff-Appellee, v. ARIZONA DEPARTMENT OF REVENUE, an agency of the State of Arizona, Defendant-Appellant.

Court of Appeals of Arizona, Division 1.

October 24, 1995.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by William D. Hostetler, Assistant Attorney General and Michael P. Worley, Assistant Attorney General, Phoenix, for Defendant-Appellant.

Donald P. Roelke, Phoenix, and Fennemore Craig by Paul J. Mooney and Kendis K. Muscheid, Phoenix, for Plaintiff-Appellee.

OPINION

KLEINSCHMIDT, Judge.

The Arizona Department of Revenue assessed Irby Construction Company transaction privilege taxes for the construction of several power transmission lines which Irby built during the period of 1985 through 1989. Irby paid the assessment under protest and, after exhausting its administrative remedies, filed a complaint in Arizona Tax Court to recover the taxes paid. The tax court found, based on a 1983 lawsuit between...

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