After a two-year appeals process that involved rehearing a petition for rehearing, the Office of Tax Appeals this week posted an opinion upholding the taxpayer’s unanimous victory in the Appeal of Starbuzz International Inc., relating to tobacco taxes.
The Office of Tax Appeals released 41 opinions April 3, including one marked pending precedential – a 3-0 decision upholding the Franchise Tax Board’s position in a dispute over the taxpayers’ gain from the sale of qualified small business stock (the Appeal of R. Nag and S. Rudd).
In The Appeal of C. Hyatt, there appeared to be no dispute that the Franchise Tax Board seized more than $100,000 from the appellant’s bank accounts based on what turned out to be false claims that he owed taxes for the 2011, 2012, and 2013 tax years. The taxpayer can’t get the money back, however, because he waited too long to file a claim for refund, the OTA ruled.
The Appeal of LBD Corporation involved a small, closely held corporation located in Texas that sold corporate assets in California via a California-based auction house.
