Courts

20 Dec

FTB Must Pay Legal Costs for Taxpayer’s Suit That Was Dismissed After Agency’s Concession, Court of Appeal Rules

December 20, 2024
By Annie

A taxpayer who dismissed his suit against the Franchise Tax Board after the agency granted his requested relief was the “prevailing par...

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15 Dec

Court Schedules February Hearing in Suit Over CDTFA’s Refusal to Issue Refund Ordered by the OTA

December 15, 2023
By CalTax

With a February 9 hearing scheduled by the Sacramento County Superior Court in a taxpayer’s suit challenging the California Department ...

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03 Nov

Federal Court Rejects East St. Louis’ Attempt to Expand Tax to Streaming Services, as Many California Cities Also Are Trying

November 3, 2023
By Annie

An Illinois city’s attempt to expand existing utility taxes to cover streaming services is not legal and must be rejected, a federal co...

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03 Mar

State’s Handling of Unclaimed Property Doesn’t Violate Constitution, Court of Appeal Rules

August 8, 2023
By CalTax

California’s administration of the Unclaimed Property Law (UPL) does not violate residents’ constitutional rights, the First District Court of Appeal ruled February 28, siding with State Controller Malia Cohen and dismissing a class-action suit filed a decade ago.

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02 Dec

Court Refuses to Dismiss Suit Over FTB’s Taxation of Out-of-State Merchants Based on E-Mails With California Customers

August 8, 2023
By CalTax

The American Catalog Mailers Association’s (ACMA) suit challenging the Franchise Tax Board’s use of a technical advice memorandum (TAM)...

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09 Sep

Remote Sellers Sue FTB, Claiming Technical Advice Memorandum Contradicts Law

August 8, 2023
By CalTax

An association representing remote-selling merchants is suing the Franchise Tax Board, alleging that the FTB is attempting to illegally...

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20 Mar

Courts: No Attorney Fees Will Be Awarded in Hyatt Case, Nevada Court Rules

August 8, 2023
By CalTax

There was no prevailing party in the decades-long litigation between the Franchise Tax Board and Nevada inventor Gilbert Hyatt, and thu...

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28 Feb

Courts: U.S. Supreme Court Denies Review in Dispute Over California’s Aggressive Tax Enforcement

August 8, 2023
By CalTax

The U.S. Supreme Court this week denied Arizona’s motion to review a complaint over California’s taxation of Arizona limited liability ...

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12 Jan

Courts: BOE’s Interpretation of Property Tax Welfare Exemption Is ‘Clearly Erroneous,’ Court of Appeal Rules

August 8, 2023
By CalTax

The State Board of Equalization’s interpretation of a state law relating to the welfare exemption for property taxes is “clearly errone...

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