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  5. 260 Cal.App.2d 179 (1968)
 

W.E. HALL CO. v. FRANCHISE TAX BD.

Docket No. 30432.

260 Cal.App.2d 179 (1968)

66 Cal. Rptr. 911

W.E. HALL COMPANY, Plaintiff and Respondent, v. FRANCHISE TAX BOARD, Defendant and Appellant.

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

March 18, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Dan Kaufmann and Ernest P. Goodman, Assistant Attorneys General, Neal J. Gobar and Loren Miller, Jr., Deputy Attorneys General, for Defendant and Appellant.

Witter & Harpole and Myron E. Harpole for Plaintiff and Respondent.

FILES, P.J.

This action pursuant to Revenue and Taxation Code section 26102 was brought by plaintiff in the superior court for a refund of California franchise taxes allegedly overpaid for the income year of 1953. Judgment was rendered for plaintiff and defendant has appealed from that judgment.

The case was tried by the court without a jury on a written stipulation of facts and the testimony of one witness for the plaintiff. There is no conflict which can...

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