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MARBLE MORTGAGE CO. v. FRANCHISE TAX BD.

Docket No. 22880.

241 Cal.App.2d 26 (1966)

50 Cal. Rptr. 345

MARBLE MORTGAGE COMPANY, Plaintiff and Respondent, v. FRANCHISE TAX BOARD, Defendant and Appellant.

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

March 22, 1966.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Ernest P. Goodman, Assistant Attorney General and Neal J. Gobar, Deputy Attorney General, for Defendant and Appellant.

Landels, Ripley, Gregory & Diamond and Edward D. Landels for Plaintiff and Respondent.

TAYLOR, J.

Respondent, Marble Mortgage Company (hereafter referred to as Marble), was successful in the trial court in this action for a refund of a portion of the California franchise tax paid under protest for its fiscal years ending September 30, 1956, September 30, 1957, and September 30, 1958. On this appeal by the State Franchise Tax Board (hereafter referred to as the state), the sole question is one of law, i.e., whether Marble was a "financial corporation...

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