CONSTRUCTION DEVELOPERS, INC. v. CITY OF PHOENIX

No. 1CA-TX 97-0015.

978 P.2d 650 (1998)

194 Ariz. 165

CONSTRUCTION DEVELOPERS, INC., an Arkansas corporation, Plaintiff-Appellee, v. CITY OF PHOENIX, a municipal corporation of the State of Arizona, Defendant-Appellant.

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

Review Denied May 25, 1999.


Attorney(s) appearing for the Case

Snell & Wilmer, L.L.P. by Janet E. Barton, Phoenix, for Plaintiff-Appellee.

Roderick G. McDougall, Phoenix City Attorney by Sandra K. McGee, Assistant City Attorney, Phoenix, for Defendant-Appellant.


GARBARINO, Presiding Judge.

¶ 1 This appeal presents the question whether a wholly owned subsidiary, existing only to hold title to real property used by its parent company, is subject to City of Phoenix (the City) privilege license (excise) taxes as a business leasing real property for a consideration. Here, the tax court granted summary judgment for the taxpayer, Construction Developers, Inc. (CDI), regarding its claim to set aside the City's excise tax assessment...

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