MICROCHIP TECHNOLOGY INC. v. STATE

No. 1 CA-TX 11-0001.

283 P.3d 34 (2012)

MICROCHIP TECHNOLOGY INCORPORATED, a Delaware corporation, Plaintiff/Appellant, v. STATE of Arizona and State of Arizona Department of Revenue, Defendants/Appellees.

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

As Amended June 5, 2012.


Attorney(s) appearing for the Case

The Cavanagh Law Firm by Peter C. Guild , Kerry M. Griggs , Richard W. Mear , Taylor C. Young , Phoenix, Attorneys for Plaintiff/Appellant.

Thomas C. Horne , Arizona Attorney General by Scot G. Teasdale , Assistant Attorney General, Phoenix, Attorneys for Defendants/Appellees.


OPINION

SWANN, Judge.

¶ 1 Microchip Technology Inc. ("Taxpayer") appeals from a summary judgment. The tax court ruled that Taxpayer's sewer systems and storm basins failed to qualify for the pollution-control income-tax credit, codified at A.R.S. § 43-1170. We hold that the tax court erred when it concluded that § 43-1170(B), which describes what property is "included" in the credit, limits the broader language of § 43-1170(A). We therefore...

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