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TOWN OF BRECKENRIDGE v. EGENCIA, LLC

Court of Appeals No. 16CA1901.

442 P.3d 969 (2018)

2018 COA 8

TOWN OF BRECKENRIDGE, Colorado, Plaintiff-Appellant, v. EGENCIA, LLC; Expedia, Inc.; Hotels.com, L.P.; Hotels.com, GP, LLC; Hotwire, Inc.; Internetwork Publishing Corporation, d/b/a Lodging.com; Lowestfare.com, Inc.; Orbitz, Inc.; Orbitz, LLC; Priceline.com, Incorporated; Site59.com, LLC; TravelNow.com, LP; Travelport, Inc., f/k/a Cendant Travel Distribution Services Group, Inc.; Travelscape, LLC; Travelweb, LLC; Trip Network, Inc., d/b/a Cheaptickets.com, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 15, 2018.

Attorney(s) appearing for the Case

Lewis Roca Rothgerber Christie LLP, Michael D. Plachy , Thomas M. Rogers III , Joy Allen Woller , Denver, Colorado, for Plaintiff-Appellant.

Connelly Law LLC, Sean Connelly , Denver, Colorado; Davis Graham Stubbs LLP, Jason M. Lynch , Denver, Colorado, for Defendants-Appellees.

¶ 1 We are asked to determine whether online travel companies (OTCs) are required to collect and remit accommodation and sales taxes to the Town of Breckenridge, Colorado, on hotel rooms they book through their respective internet websites. We conclude that they need not collect and remit such taxes.

¶...

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