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LUCKENBACH S.S. CO. v. FRANCHISE TAX BD.

Docket No. 10519.

219 Cal.App.2d 710 (1963)

33 Cal. Rptr. 544

LUCKENBACH STEAMSHIP COMPANY, INC., Plaintiff and Appellant, v. FRANCHISE TAX BOARD, Defendant and Respondent.

Court of Appeals of California, Third District.

September 3, 1963.

Attorney(s) appearing for the Case

John Hays, George L. Waddell, Dorr, Cooper & Hays, Hart H. Spiegel and Brobeck, Phleger & Harrison for Plaintiff and Appellant.

Stanley Mosk, Attorney General, Ernest P. Goodman, John J. Klee, Jr., and John M. Traynor, Deputy Attorneys General, for Defendant and Respondent.

FRIEDMAN, J.

California levies a tax on the net income of corporations engaged exclusively in interstate commerce.1 Luckenbach Steamship Company, concededly subject to the tax, takes issue with the formula employed by the state Franchise Tax Board in allocating to California a portion of its net corporate income from interstate operations during the years 1942 through 1947.

Luckenbach is a Delaware corporation with its principal...

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