Legal Opinion

Matthews v. State, Department of Revenue

Supreme Court of Colorado

Decided April 4, 1977No. 27251PublishedCited by 20 opinions

1Opinion of the CourtJustice Kelley

The question before us is whether it is constitutionally permissible for the Colorado taxing authorities to deny a trade-in allowance in computing the use tax on a motor vehicle purchased out of state when such a credit is allowed when the vehicle is purchased in Colorado. The trial court held that such unequal treatment was discriminatory and constituted an impermissible burden on interstate commerce. U.S. Const. Art. I, § 8. We agree and affirm.

“(1) On November 14, 1973, Appellant Robert S. Matthews purchased a mobile home 1 in Arizona from an Arizona retail merchant. The asking price for…

2Cases cited7 opinions

  1. Toomer v. WitsellSupreme Court of the United States · 1948
  2. Henneford v. Silas Mason Co.Supreme Court of the United States · 1937
  3. Freeman v. HewitSupreme Court of the United States · 1947
  4. Miller Brothers Co. v. MarylandSupreme Court of the United States · 1954
  5. Halliburton Oil Well Cementing Co. v. ReilySupreme Court of the United States · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Woosley v. State of CaliforniaCalifornia Supreme Court · 1992
  2. Walgreen Co. v. CharnesSupreme Court of Colorado · 1991
  3. Phillips v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1978
  4. Exotic Coins, Inc. v. BeacomSupreme Court of Colorado · 1985
  5. Howard Electrical & Mechanical, Inc. v. Department of RevenueSupreme Court of Colorado · 1989

15 more not listed; retrieve them via the Exa API.

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