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ARIZONA DEPT. OF REVENUE v. M. GREENBERG CONST.

No. 1 CA-TX 93-0007.

182 Ariz. 397 (1995)

897 P.2d 699

ARIZONA DEPARTMENT OF REVENUE, Plaintiff-Appellant, v. M. GREENBERG CONSTRUCTION, an Arizona corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department T.

Review Denied June 29, 1995.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Patrick Irvine, Asst. Atty. Gen., Phoenix, for plaintiff-appellant.

O'Connor, Cavanaugh, Anderson, Westover, Killingsworth & Beshears, P.A. by Glenn M. Feldman, Frank W. Moskowitz, Phoenix, for defendant-appellee.

OPINION

TOCI, Judge.

This is an appeal by the Arizona Department of Revenue ("the Department") from a tax court judgment in favor of taxpayer, M. Greenberg Corporation ("Greenberg"). The tax court held that federal law preempted the Department's assessment of state prime contracting privilege taxes1 on Greenberg's gross receipts from contracts for construction work it performed on the Navajo Reservation for Chinle Unified School...

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