CARTER OIL CO. v. ARIZONA DEPT. OF REVENUE

No. 1 CA-TX 19-0002.

460 P.3d 808 (2020)

CARTER OIL COMPANY, INC., Plaintiff/Appellee, v. ARIZONA DEPARTMENT OF REVENUE, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

FILED January 30, 2020.


Attorney(s) appearing for the Case

Arizona Attorney General's Office, Phoenix, By Scot G. Teasdale , Rusty D. Crandell , Nancy K. Case , Counsel for Defendant/Appellant.

Ballard Spahr LLP, Phoenix, By Brian W. LaCorte , Chase A. Bales , Co-Counsel for Plaintiff/Appellee.

The Cavanagh Law Firm, Phoenix, By James G. Busby, Jr. , Co-Counsel for Plaintiff/Appellee.

Judge James B. Morse Jr. delivered the opinion of the Court, in which Presiding Judge Kenton D. Jones and Judge Diane M. Johnsen joined.


OPINION

¶1 The Arizona Department of Revenue (the "Department") appeals from the tax court's entry of judgment in favor of Carter Oil Company, Inc. ("Carter Oil"). We hold that dyed diesel fuel used to power machinery involved in mining and processing operations is subject to the transaction privilege tax. Accordingly...

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