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BURNHAM v. FRANCHISE TAX BOARD

Docket No. 23321.

172 Cal.App.2d 438 (1959)

341 P.2d 833

JOHN BURNHAM et al., Respondents, v. FRANCHISE TAX BOARD, Appellant.

Court of Appeals of California, Second District, Division Two.

July 29, 1959.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, James E. Sabine, Assistant Attorney General, and Dan Kaufmann, Deputy Attorney General, for Appellant.

Torrance & Wansley and Albert W. Strang for Respondents.

HERNDON, J.

This action was brought by plaintiffs, hereinafter called the "taxpayers," to recover income taxes paid under protest to the State of California following disallowance by the Franchise Tax Board, hereinafter called the "Board," of credit for certain Canadian income taxes paid by the taxpayers. The trial court decided the legal issues in accordance with the taxpayers' contentions and rendered judgment accordingly. The Board brings this appeal.

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