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GMRI, Inc. v. California Department of Tax and Fee Administration
Restaurant chains that had manager add large party gratuities to the bill without first conferring with the customer amounted to mandatory payments, subject to state taxation.
Tax 3DCA Mar. 12, 2018
Machavia, Inc. v. County of Los Angeles et al.
A taxpayer seeking a tax refund in superior court must first exhaust all available administrative remedies in a timely manner.
Tax 2DCA/1 Jan. 29, 2018
Land Partners, LLC v. County of Orange
Attorney fees are recoverable under Section 5152 if the failure of an assessor to apply a statute or regulation is based on a cognitive decision that said provision is invalid.
Tax 4DCA/3 Jan. 24, 2018
Duggan v. CIR
The Tax Court does not have jurisdiction to hear petition of taxpayer for review of an I.R.S. determination under Section 6330(d)(1) outside of the prescribed thirty-day deadline.
Tax 9th Jan. 16, 2018
Cooper v. Commissioner of Internal Revenue
Royalties garnered from transferred patent rights are not capital gains under '26 U.S.C. Section 1235(a)' if the patent holder effectively controls the recipient corporation.
Tax 9th Dec. 18, 2017
Hewlett-Packard Company and Consolidated Subsidiaries v. Commissioner of Internal Revenue
Tax shelter fees may not be deducted under the Internal Revenue Code.
Tax 9th Nov. 10, 2017
JetSuite v. County of Los Angeles
Jets properly taxed at full value where evidence fails to show that other states 'acquired situs' over jets.
Tax 2DCA/2 Oct. 11, 2017
Hyatt v. Yee
Tax Injunction Act prevents district court from enjoining ongoing state tax proceedings where California law’s ‘pay-then-protest’ process continues to provide taxpayer with sufficient remedy.
Tax 9th Sep. 27, 2017
Jacks v. City of Santa Barbara
Surcharge imposed on electricity bills in exchange for franchise rights is valid fee rather than tax, provided amount bears reasonable relationship to value of property interest.
Tax CASC Jun. 30, 2017
926 North Ardmore Avenue LLC v. County of Los Angeles
Plaintiffs unsuccessful in challenging imposition of documentary transfer tax on written instrument transferring beneficial ownership of real property from one person to two others.
Tax CASC Jun. 30, 2017