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ASSURANCE WIRELESS, USA, LP v. DEP'T OF REVENUE

No. 83089-9-I.

522 P.3d 65 (2022)

ASSURANCE WIRELESS, USA, LP, f/k/a Virgin Mobile USA, LP, Appellant, v. State of Washington DEPARTMENT OF REVENUE, Respondent.

Court of Appeals of Washington, Division 1.

Filed December 27, 2022.

Attorney(s) appearing for the Case

Scott M. Edwards , Brett S. Durbin , Lane Powell PC, 1420 5th Ave., Ste. 4200, Seattle, WA, 98101-2375, Alla Raykin , Eric Tresh , 999 Peachtree St. NE, Suite 2300, Atlanta, GA, 30309, for Appellant.

Charles E. Zalesky , Attorney General of Washington, P.O. Box 40123, Olympia, WA, 98504-0123, Rosann Fitzpatrick , WA Board of Tax Appeals, 1110 Capitol Way S Suite 300, Olympia, WA, 98504-0915, for Respondent.

Rachel Hill Herd , Davis Wright Tremaine LLP, 920 5th Ave., Ste. 3300, Seattle, WA, 98104-1610, Mark P. Trinchero , 1300 SW 5th Ave., Suite 2400, Portland, OR, 97201, for Amicus Curiae on behalf of National Rural Education Assoc.

Jeffrey David Lombard , Attorney at Law, 1700 7th Ave., Ste. 1900, Seattle, WA, 98101-1355, for Amicus Curiae on behalf of Americans for Tax Reform.

PUBLISHED OPINION

¶ 1 Assurance Wireless is a telecommunications provider that participates in the Federal Communications Commission (FCC) "Lifeline" program, which is intended to aid qualifying low-income consumers in obtaining telecommunications services. The Washington State Department of Revenue (Department) assessed...

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