Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B270062
|
Time Warner Cable Inc. v. County of Los Angeles
A trial court properly found that an Assessor's valuation was not supported by substantial evidence, where the Assessor erred in taxing the entire percentage of the company's revenue instead of just taxing the possessory interests. |
Tax |
|
J. Johnson | Jul. 23, 2018 |
D073449
|
Webb v. City of Riverside
Transfer of funds from utility to City of Riverside's general fund not an improper tax, where ratepayers see no increase in rates than previously assessed rates. |
Tax |
|
J. McConnell | May 15, 2018 |
S226753
|
California Building Industry Assn. v. State Water Resources Control Bd.
Plaintiff cannot show fee schedule increase unconstitutional under taxation limitations based, e.g., on 'bare fact that there is a fee increase without any growth in fee-funded programs.' |
Tax |
|
C. Corrigan | May 8, 2018 |
14-56493
|
Franceschi v. Yee
Judgment denying constitutionality of California Business and Professions Code Section 494.5 for deprivation of procedural due process rights affirmed where state provides tax delinquents with constitutional procedure to challenge amount of delinquency. |
Tax |
|
B. Parker | Apr. 12, 2018 |
16-1144
|
Marinello v. U.S.
Nexus must exist between defendant's breach of tax law and particular IRS administrative action before defendant may be convicted of felony statutes forbidding interference with 'due administration' of Internal Revenue Code. |
Tax |
|
S. Breyer | Mar. 22, 2018 |
C081471
|
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 |
|
A. Hoch | Mar. 12, 2018 |
B280735
|
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 |
|
F. Rothschild | Jan. 29, 2018 |
G053664
|
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 |
|
R. Ikola | Jan. 24, 2018 |
15-73819
|
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 |
|
M. Christen | Jan. 16, 2018 |
15-70863
|
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 |
|
S. Graber | Dec. 18, 2017 |
14-73047
|
Hewlett-Packard Company and Consolidated Subsidiaries v. Commissioner of Internal Revenue
Tax shelter fees may not be deducted under the Internal Revenue Code. |
Tax |
|
A. Kozinski | Nov. 10, 2017 |
B279273
|
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 |
|
B. Hoffstadt | Oct. 11, 2017 |
15-15296
|
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 |
|
Sep. 27, 2017 | |
S225589
|
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 |
|
T. Cantil-Sakauye | Jun. 30, 2017 |
S222329
|
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 |
|
C. Corrigan | Jun. 30, 2017 |