Legal Opinion

City of Peoria v. BRINK'S HOME SECURITY, INC.

Arizona Supreme Court

Decided March 3, 2011No. CV-10-0218-PRPublishedCited by 3 opinions

1Opinion of the Court

OPINION

BALES, Justice.

¶ 1 This ease concerns municipal taxation of home-security services when the provider’s monitoring facility is out of state and the services include telecommunications. Municipalities are prohibited from taxing interstate telecommunications services. Ariz.Rev.Stat. (“A.R.S.”) § 42-6004(A)(2) (2006). The court of appeals held that the telecommunications involved are intrastate because they are part of a transmission loop that begins and ends in Arizona. We reject this theory and conclude that separate interstate telecommunications cannot be aggregated and characterized as…

2Cases cited3 opinions

  1. People's Choice TV Corp. v. City of TucsonArizona Supreme Court · 2002
  2. Arizona State Tax Commission v. Staggs Realty Corp.Arizona Supreme Court · 1959
  3. City of Peoria v. Brink's Home Security, Inc.Court of Appeals of Arizona · 2010

3Cited by3 opinions

  1. Harris Corp. v. Arizona Department of RevenueCourt of Appeals of Arizona · 2013
  2. City of Peoria v. Brink's Home Security, Inc.Court of Appeals of Arizona · 2011
  3. City of Phoenix v. Orbitz WorldwideArizona Supreme Court · 2019

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