HARLEY-DAVIDSON, INC. v. FRANCHISE TAX BD.

No. D064241.

237 Cal.App.4th 193 (2015)

187 Cal. Rptr. 3d 672

HARLEY-DAVIDSON, INC., et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

May 28, 2015.


Attorney(s) appearing for the Case

Silverstein & Pomerantz, Amy L. Silverstein,   Edwin P. Antolin,   Johanna W. Roberts,   Lindsay T. Braunig and Edward J. Beeby for Plaintiffs and Appellants.

Kamala D. Harris, Attorney General, Paul D. Gifford, Assistant Attorney General, W. Dean Freeman,   Leslie Branman Smith and Tim Nader, Deputy Attorneys General, for Defendant and Respondent.


OPINION

Harley-Davidson, Inc., and several of its subsidiaries (together, Harley-Davidson) sued the Franchise Tax Board (Board) for a tax refund. The trial court sustained the Board's demurrer to Harley-Davidson's commerce clause (U.S. Const., art. I, § 8, cl. 3) challenge to Revenue and Taxation Code...

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