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R.R. DONNELLEY & SONS CO. v. DEPT. OF REV.

No. 1 CA-TX 08-0007.

229 P.3d 266 (2010)

R.R. DONNELLEY & SONS COMPANY, a Delaware corporation; R.R. Donnelley Receivables, Inc., a Nevada corporation; Heritage Preservation Corporation, a South Carolina corporation; Caslon Incorporated, a Delaware corporation, Plaintiffs-Appellees/Cross-Appellants, v. ARIZONA DEPARTMENT OF REVENUE, Defendant-Appellant/Cross-Appellee.

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

April 29, 2010.

Attorney(s) appearing for the Case

Steptoe & Johnson LLP By Patrick Derdenger, Bennett Evan Cooper, Randall T. Evans, Phoenix, Attorneys for Plaintiffs-Appellees/Cross-Appellants.

Terry Goddard, Attorney General By Kimberly J. Cygan, Assistant Attorney General, Phoenix, Attorneys for Defendant-Appellant/Cross-Appellee.

Bancroft Susa & Galloway, PC By Michael G. Galloway, James M. Susa, Phoenix, Attorneys for Amicus Curiae Home Depot USA, Inc. and Affiliates.

Morrison & Foerster LLP By Eric J. Coffill (Admitted pro hac vice), Carley A. Roberts (Admitted pro hac vice), Sacramento, CA, Attorneys for Amicus Curiae Home Depot USA, Inc. and Affiliates.

OPINION

BARKER, Judge.

¶ 1 This is a corporate income tax case. The Arizona Department of Revenue (the "Department" or "ADOR") appeals the Arizona Tax Court's grant of summary judgment in favor of R.R. Donnelley & Sons Co. ("Taxpayer"), R.R. Donnelley Receivables, Inc. ("Receivables"), Heritage Preservation Corp. ("Heritage"), and Caslon Inc. ("Caslon") (the latter three, collectively, the "Subsidiaries...

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