Electronically Filed Supreme Court SCWC-29597 09-MAR-2011 09:40 AM NO. SCWC-29597 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

COMPUSA STORES LP, Respondent/Taxpayer-Appellant, vs. DEPARTMENT OF TAXATION, STATE OF HAWAI#I, Petitioner/Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (TX05-0065) ORDER DENYING MOTION FOR RECONSIDERATION (By: Recktenwald, C.J., for the court1) Upon consideration of Respondent/Taxpayer-Appellant’s Motion for Reconsideration filed on March 3, 2011, and pursuant to Hawai#i Rules of Appellate Procedure Rule 40(d), IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai#i, March 9, 2011.

/s/ Mark E. Recktenwald Chief Justice

Considered by: Recktenwald, C.J., Nakayama, Acoba, Duffy, and Circuit Judge Lee, assigned by reason of vacancy.