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BP AMERICA PROD. v. COLORADO DEPT. OF REV.

Court of Appeals No. 12CA1897.

371 P.3d 687 (2013)

2013 COA 147

BP AMERICA PRODUCTION COMPANY, Plaintiff-Appellee, v. COLORADO DEPARTMENT OF REVENUE; and Barbara Brohl, in her official capacity as Executive Director of the Colorado Department of Revenue, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Announced November 7, 2013.

Attorney(s) appearing for the Case

The Poe Law Office LLC, Alan Poe , Rachel Poe , Englewood, Colorado, for Plaintiff-Appellee.

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

¶ 1 The Colorado Department of Revenue (Department) appeals the judgment entered in favor of BP America Production Company (BP) on BP's motion for summary judgment. The trial court found that return on investment (ROI) is a deductible cost for severance tax purposes under section 39...

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