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STATE TAX COM'N v. AMERICAN HOME SHIELD

No. 55470.

254 P.3d 601 (2011)

STATE of Nevada TAX COMMISSION, ex rel. NEVADA DEPARTMENT OF TAXATION, Appellant, v. AMERICAN HOME SHIELD OF NEVADA, INC., Respondent.

Supreme Court of Nevada.

July 7, 2011.

Attorney(s) appearing for the Case

Catherine Cortez Masto , Attorney General, and Deonne E. Confine , Deputy Attorney General, Carson City, for Appellant.

Greenberg Traurig, LLP, and Kara B. Hendricks , Philip M. Hymanson , and Puneet K. Garg , Las Vegas, for Respondent.

Before the Court En Banc.

OPINION

By the Court, GIBBONS, J.:

This opinion primarily addresses the law that governs when a Nevada taxpayer claims a refund from the Nevada Department of Taxation for amounts erroneously paid as insurance premium taxes. Respondent American Home Shield of Nevada, Inc. (AHS), provides both home protection insurance and home service contracts,1 also known as service warranties, to Nevada residents. In 2006, AHS sought...

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