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PHOENIX v. PAPER DISTR. OF ARIZ., INC.

No. 1 CA-TX 94-0020.

186 Ariz. 564 (1996)

925 P.2d 705

CITY OF PHOENIX, a municipal corporation of the State of Arizona, Plaintiff-Appellant, v. PAPER DISTRIBUTORS OF ARIZONA, INC., an Arizona corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department T.

Review Denied October 21, 1996.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Attorney by James H. Hays, Assistant City Attorney, Phoenix, for Plaintiff-Appellant.

Quarles & Brady by Michael G. Galloway, Phoenix, for Defendant-Appellee.

Grant Woods, Attorney General by James M. Susa, Assistant Attorney General, Phoenix, for Amicus Curiae Arizona Department of Revenue.

OPINION

SULT, Judge.

The City of Phoenix (the city) appeals from a tax court judgment awarding $16,807 in attorneys' fees to taxpayer Paper Distributors of Arizona, Inc., (the taxpayer) pursuant to Arizona Revised Statutes Annotated ("A.R.S.") section 12-348(B) (1992). The Arizona Department of Revenue (DOR) has been granted leave to file a brief as amicus curiae. The city's appeal raises two questions:

1. Whether the tax court...

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