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HOMESTREET, INC. v. STATE, DEPT. OF REVENUE

No. 34738-5-II.

162 P.3d 458 (2007)

HOMESTREET, INC., Homestreet Capital Corporation, and Homestreet Bank, Appellants, v. STATE of Washington, DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of Washington, Division 2.

July 24, 2007.

Attorney(s) appearing for the Case

Gregg D. Barton, Scott M. Edwards, Robert Lee Mahon III, Perkins Coie LLP, Seattle, WA, for Appellants.

Donald F. Cofer, Atty Generals Ofc/Revenue Div, Olympia, WA, Mary C. Lobdell, Atty General's Office, Tacoma, WA, for Respondent.

QUINN-BRINTNALL, J.

¶ 1 HomeStreet, Inc. sued the Department of Revenue (DOR) for a refund of business and occupation (B & O) taxes it alleged that it had overpaid. This case of first impression requires that we address whether RCW 82.04.4292 allows a lender to deduct, as "amounts derived from interest received," service fees it earned on qualifying home loans it originated and then sold on the secondary market under agreements that required loan servicing...

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