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BALL CORP. v. FISHER

No. 01CA0246.

51 P.3d 1053 (2001)

BALL CORPORATION, an Indiana corporation, Plaintiff-Appellee, v. Frederick C. FISHER, in his official capacity as Executive Director of the Colorado Department of Revenue, and the Colorado Department of Revenue, Defendants-Appellants.

Colorado Court of Appeals, Div. IV.

Certiorari Denied July 22, 2002.

Attorney(s) appearing for the Case

Lentz, Evans and King, P.C., Robert A. Wherry, Jr., Denver, CO, for Plaintiff-Appellee.

Ken Salazar, Attorney General, Carolyn Lievers, Assistant Attorney General, Denver, CO, for Defendants-Appellants.

Opinion by Judge DAVIDSON.

Defendants, the Colorado Department of Revenue and Frederick C. Fisher, in his official capacity as executive director of the Department (collectively Department), appeal from the judgment of the trial court reversing the Department's final determination that plaintiff, Ball Corporation (taxpayer), was not exempt from certain use taxes. We affirm.

According to the stipulated facts, after an audit, the Department issued a notice of...

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