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EL DORADO OIL WORKS v. McCOLGAN

Docket No. S.F. 17862.

34 Cal.2d 731 (1950)

215 P.2d 4

EL DORADO OIL WORKS (a Corporation), Appellant, v. CHARLES J. McCOLGAN, as Franchise Tax Commissioner, etc., Respondent.

Supreme Court of California. In Bank.

February 17, 1950.

Attorney(s) appearing for the Case

Williamson & Wallace and W.F. Williamson for Appellant.

Swarts, Tannenbaum, Ziffren & Steinberg, Jacob Shearer and Shirley Adelson Siegel as Amici Curiae on behalf of Appellant.

Fred N. Howser, Attorney General, and James E. Sabine, Deputy Attorney General, for Respondent.

SPENCE, J.

Plaintiff brought this action to recover the amounts assessed against it as additional franchise taxes by defendant, under authority of the Bank and Corporation Franchise Tax Act (Stats. 1929, p. 19, as amended; Deering's Gen. Laws, 1931, Act 8488, p. 4763; 1933 Supp., p. 2329; 1935 Supp., p. 1929), for the taxable years 1935 and 1936, which taxes were based respectively upon income for the years 1934 and 1935, and were paid under protest. The trial court...

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