For reprint rights or to purchase a copy of your Daily Journal photo, email jeremy@reprintpros.com for prices or call 949-702-5390.

To buy more copies, call 866-531-1492 or email subscribe@dailyjournal.com
This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
Daily appellate reports
Sign up for Daily Journal emails
    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
Torres v. San Francisco Assessment Appeals Bd.
Board's use of tax valuation method was flawed because it was not reasonably likely to approximate the fair market value of taxpayer's baseball stadium. 		Taxation 1DCA/5 Mar. 29, 2023
Seaview Trading LLC v. Commisssioner of Internal Revenue
Delinquent tax returns must follow filing requirements strictly, including where the return must be filed, in order for the return to be deemed filed. 		Taxation 9th Mar. 13, 2023
Brown v. Commissioner of Internal Revenue Service
US Tax Court, as a court of limited jurisdiction, did not have authority to refund the Tax Increase Prevention and Reconciliation Act payment that was required to be submitted with taxpayer's offer in compromise. 		Taxation 9th Jan. 25, 2023
290 Division (EAT), LLC v. City and County of San Francisco
Because leaseback to the city was not an enforceable restriction under Revenue and Tax Code Section 402.1, property was properly assessed at fair market value without leaseback discount. 		Taxation 1DCA/2 Dec. 20, 2022
Online Merchants Guild v. Maduros
Tax Injunction Act barred federal jurisdiction over e-commerce merchants trade association's claims because it sought an injunction that would stop collection of a state tax, and an adequate state law remedy was available. 		Taxation 9th Nov. 10, 2022
Zolly v. City of Oakland
Oakland had not shown on demurrer that its challenged franchise fees were exempt from voter approval requirements under Article XIII C of the California Constitution. 		Taxation CASC Aug. 12, 2022
Fisher v. County of Orange
County's assessor did not err in assessing the value of mobilehome property by subtracting the estimated value of the mobilehome from the total purchase price. 		Taxation 4DCA/3 Aug. 9, 2022
Broad Beach Geologic Hazard v. 31506 Victoria Point LLC
The Right to Vote on Taxes Act required assessing agency to separate and quantify general benefits from a widened beach and assess only the portion of the cost on homeowners that represented special benefits. 		Taxation 2DCA/4 Aug. 4, 2022
Moore v. U.S.
The Mandatory Repatriation Tax on controlled foreign corporations did not violate the Apportionment Clause since it applied to taxable gains that constituted income. 		Taxation 9th Jun. 7, 2022
2009 Metropoulos Family Trust v. California Franchise Tax Board
Nonresident shareholder's goodwill income was taxable because it was taxed on its pass-through pro rata share of the gain, which was business income sourced to California under the Uniform Division of Income for Tax Purposes Act. 		Taxation 4DCA/1 Jun. 1, 2022
Seaview Trading v. Commissioner of Internal Revenue
Partnership's tax return was "filed" when an Internal Revenue Service agent requested the missing return and the partnership delivered a signed copy of the return to the agent. 		Taxation 9th May 12, 2022
Modification: Gajanan v. City and County of San Francisco
Hotel owners and management company met burden of showing "ordinary care" regarding payment of taxes when they hired and relied on controller's false statements and accounting. 		Taxation 1DCA/2 Apr. 28, 2022
Gajanan v. City and County of San Francisco
Hotel owners and management company met burden of showing "ordinary care" regarding payment of taxes when they hired and relied on controller's false statements and accounting. 		Taxation 1DCA/2 Apr. 26, 2022
Boechler v. Commissioner
Thirty-day filing requirement to petition for Tax Court review is not jurisdictional and is subject to equitable tolling. 		Taxation USSC Apr. 22, 2022
Modification: CIM Urban REIT 211 Main Street (SF) v. City and County of San Francisco
When there is a change of ownership, a San Francisco transfer tax is valid on the entities' real property even if the property is indirectly owned by the entity that experienced the change of ownership. 		Taxation 1DCA/5 Mar. 30, 2022
Laidlaw's Harley Davidson Sales v. Commissioner of Internal Revenue
Internal Revenue Code requires written approval of a penalty assessment, but that approval can be validly given even after communicating the penalty to a taxpayer as long as the process is still ongoing. 		Taxation 9th Mar. 28, 2022
SNJ Limited v. Commissioner of Internal Revenue
That the Tax Commissioner incorrectly or unnecessarily sent a second Notice of Final Partnership Administrative Adjustment did not necessarily invalidate the issuance of earlier notices. 		Taxation 9th Mar. 11, 2022
CIM Urban REIT 211 Main Street (SF) v. City and County of San Francisco
When there is a change of ownership, a San Francisco transfer tax is valid on the entities' real property even if the property is indirectly owned by the entity that experienced the change of ownership. 		Taxation 1DCA/5 Mar. 7, 2022
Milkovich v. U.S.
Because a mortgage was valid at the outset, the district court erred in concluding that the mortgage lacked economic substance even though the market value of the property had declined below the mortgage balance. 		Taxation 9th Mar. 3, 2022
North Sonoma Coast Fire Protection Dist. v. Roeser
County auditors do not have a mandatory duty to recalculate Education Revenue Augmentation Fund shifts whenever a new special district forms. 		Taxation 3DCA Jan. 26, 2022
Modification: First American Title Insurance Co. v. California Dept. of Tax and Fee Administration
An insurer was not exempt from the economic burden of sales tax even if legal incidence could not be imposed. 		Taxation 4DCA/1 Dec. 13, 2021
Cerletti v. Newsom
A taxpayer action challenging emergency assistance for undocumented immigrants was moot because the payments had already been made and were not likely to recur. 		Taxation 2DCA/5 Nov. 19, 2021
First American Title Insurance Co. v. California Dept. of Tax and Fee Administration
An insurer was not exempt from the economic burden of sales tax even if legal incidence could not be imposed. 		Taxation 4DCA/1 Nov. 16, 2021
Host International, Inc. v. City of Oakland
A business could not benefit from a tax certificate filing exception because it failed to provide information for the city's Tax Board to determine if the exception was applicable. 		Taxation 1DCA/5 Oct. 26, 2021
Gov't of Guam v. Guerrero
District court did not err in applying the presumption of regularity where original certificates had been lost, but other internal records suggested that certificates of assessment had been timely issued. 		Taxation 9th Sep. 1, 2021
BNSF Railway v. County of Alameda
Counties cannot tax railroad property at a higher rate than the rate applicable to commercial and industrial property in the same assessment jurisdiction. 		Taxation 9th Aug. 6, 2021
Verizon California v. Board of Equalization
There was no 'dispute' regarding State Board of Equalization's tax assessments of plaintiff's properties because of their mutually agreed recommendations on value. 		Taxation 3DCA Jun. 3, 2021
Mazzei v. Commissioner of Internal Revenue
Tax Court erred in applying substance-over-form principles to effectively reverse congressional judgment and to disallow what Foreign Sales Corporation statute plainly allowed. 		Taxation 9th Jun. 3, 2021
Gilbert v. U.S.
District court was correct that it lacked subject matter jurisdiction over plaintiffs' suit for declaratory judgment related to federal tax obligations. 		Taxation 9th May 21, 2021
Patients Mutual Assistance Collective v. Commissioner of Internal Revenue
Tax Court did not err in concluding that plaintiff's inventory cost is determined by Treas. Reg. Section 1.471-3(b), which applies to purchaser and reseller of the products it sells. 		Taxation 9th Apr. 23, 2021
By using our website, you agree to our use of cookies in accordance with our cookie policy. You can learn more about how we use cookies by reviewing our Privacy Policy here.