Brnovich: Ruling for state in tax case stands with no appeal

By – Associated Press – Saturday, May 2, 2020

PHOENIX (AP) – Arizona Attorney General Mark Brnovich says a court ruling in favor of the state will stand in a case that could have resulted in large requests for tax refunds.

Brnovich said Friday that an oil company didn’t appeal a January court ruling in a case involving the taxation of dyed diesel fuel used by a quarry for trucks and machinery not used on state roads.

The Arizona Court of Appeals’ January decision overturned a lower court’s ruling that if left intact could have triggered refund requests..

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Brnovich said Carter Oil Co. didn’t file an appeal with the Arizona Supreme Court by a Wednesday deadline so the Court of Appeals ruling stands.

Carter Oil Co. itself sought less than $12,000 in refunds. But lawyers for the state said potential refund requests from the mining industry as a whole could have totaled over $100 million.

Dyed diesel fuel is identical to street-use diesel but is exempt from per-gallon excise taxes used to fund roads. It is, however, subject to sales taxes and can only be used in off-road equipment such as farm tractors, dump trucks and other machinery used by the mining industry.

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