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CENDANT CORP. & SUBS. v. DEPARTMENT OF REV.

No. 08CA0103.

226 P.3d 1102 (2009)

CENDANT CORPORATION & SUBSIDIARIES, Plaintiff-Appellee, v. DEPARTMENT OF REVENUE, State of Colorado and Roxanne Huber in her official capacity as the Executive Director of the Colorado Department of Revenue, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing July 2, 2009.

Attorney(s) appearing for the Case

Silverstein & Pomerantz LLP, Neil I. Pomerantz, Robert R. Gunning, Denver, Colorado; Horwood Marcus & Berk Chartered, Fred O. Marcus, David A. Fruchtman, David S. Ruskin, Chicago, Illinois, for Plaintiff-Appellee.

John W. Suthers, Attorney General, Robert H. Dodd, Jr., Assistant Attorney General, Denver, Colorado, for Defendants-Appellants.

Opinion by Judge TAUBMAN.

This case involves the question of what plaintiff, Cendant Corporation and Subsidiaries (Cendant), knew, and when did it know it, regarding the existence of a combined-consolidated income tax return filing option for certain Colorado corporations. Because we conclude that Cendant is deemed to have had knowledge of this filing option before the deadline for filing its 2001 tax return, we agree with defendants, the Colorado Department of Revenue...

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