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BP AMERICA PROD. v. COLO. DEPT. OF REVENUE

Supreme Court Case No. 13SC996.

369 P.3d 281 (2016)

2016 CO 23

BP AMERICA PRODUCTION COMPANY, Petitioner, v. COLORADO DEPARTMENT OF REVENUE and Barbara Brohl, in her official capacity as the Executive Director of the Colorado Department of Revenue, Respondents.

Supreme Court of Colorado.

April 25, 2016.

Attorney(s) appearing for the Case

Attorneys for Petitioner: The Poe Law Office LLC, Alan Poe , Rachel Poe , Centennial, Colorado, Holland & Hart LLP, Christina Gomez , Denver, Colorado.

Attorneys for Respondents: Cynthia H. Coffman , Attorney General, Robert H. Dodd, Jr. , Senior Assistant Attorney General, Noah C. Patterson , Assistant Attorney General, Denver, Colorado.

Attorneys for Amicus Curiae Colorado Petroleum Association: Davis Graham & Stubbs LLP, Shannon Wells Stevenson , Benjamin B. Strawn , Denver, Colorado.

En Banc.

¶ 1 Colorado's "severance tax" statute levies a tax on income derived from the sale of natural gas extracted from Colorado. § 39-29-105(1)(a), C.R.S. (2015). In so doing, the statute permits taxpayers to deduct "any transportation, manufacturing, and processing costs" from revenue in...

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