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PEOPLE'S CHOICE TV CORP., INC. v. TUCSON

No. 1 CA-TX-00-0010.

20 P.3d 1151 (2001)

199 Ariz. 570

PEOPLE'S CHOICE TV CORPORATION, INC., a Delaware corporation, Plaintiff-Appellee, v. CITY OF TUCSON, a municipal corporation, an agency of the State of Arizona, Defendant-Appellant.

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

March 1, 2001.

Attorney(s) appearing for the Case

Snell & Wilmer, L.L.P., by Janet E. Barton and Barbara Dawson, Phoenix, Attorneys for Plaintiff-Appellee.

Tucson City Attorney, by Thomas J. Berning, City Attorney, David L. Deibel, Senior Assistant City Attorney, Tucson, Attorneys for Defendant-Appellant.

OPINION

EHRLICH, Judge.

¶ 1 The City of Tucson appeals from a summary judgment for People's Choice TV Corporation ("PCTV") in PCTV's tax court challenge to a Tucson audit assessment. The audit was conducted in accord with the telecommunications services privilege tax imposed by Tucson City Code ("Code") section 19-470.

¶ 2 Tucson presents these questions:

1. Whether the sums on which the City assessed taxes against PCTV under Code...

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