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ARIZONA DEPT. OF REVENUE v. RABY

No. 1 CA-TX 01-0004.

65 P.3d 458 (2003)

204 Ariz. 509

ARIZONA DEPARTMENT OF REVENUE, Plaintiff-Appellee, v. William L. RABY and Norma S. Raby, individually, and as husband and wife, Defendants-Appellants.

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

March 27, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Christine Cassetta, Lisa Wood, Assistant Attorney General, Phoenix, Attorneys for Plaintiff-Appellee.

Raby Law Office By Burgess J.W. Raby, Tempe, Attorneys for Defendants-Appellants.

OPINION

HALL, Judge.

¶ 1 William L. Raby and Norma S. Raby ("the Rabys") appeal from a summary judgment that dismissed their claim for a refund of Arizona individual income taxes attributable to a claimed subtraction that the Arizona Department of Revenue ("ADOR") disallowed in the Rabys' amended joint return for tax year 1994. The issue is whether the Rabys, who had equal community property interests in the...

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