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FRANKLIN LIFE INS. CO. v. STATE

Docket No. S.F. 21577.

63 Cal.2d 222 (1965)

404 P.2d 477

45 Cal. Rptr. 869

FRANKLIN LIFE INSURANCE COMPANY, Plaintiff and Appellant, v. STATE BOARD OF EQUALIZATION, Defendant and Respondent.

Supreme Court of California. In Bank.

August 19, 1965.

Attorney(s) appearing for the Case

McCutchen, Doyle, Brown, Trautman & Enersen, John N. Hauser and Frederick H. Stone for Plaintiff and Appellant.

Bert W. Levit, Victor B. Levit and Long & Levit as Amici Curiae on behalf of Plaintiff and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Dan Kaufmann and Harold B. Haas, Assistant Attorneys General, for Defendant and Respondent.

TOBRINER, J.

Asserting the unconstitutionality of the retaliatory tax statute (Ins. Code, § 685) or, in the alternative, its unconstitutional application in the instant case, plaintiff Franklin Life Insurance Company (hereinafter called the Company) sought unsuccessfully in the trial court to recover taxes assessed by defendant State Board of Equalization (hereinafter called the Board). More specifically, the Company contends: (1) the retaliatory tax statute...

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