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KLEMP v. FRANCHISE TAX BD.

Docket No. 43645.

45 Cal.App.3d 870 (1975)

119 Cal. Rptr. 821

FRED C. KLEMP et al., Plaintiffs and Respondents, v. FRANCHISE TAX BOARD, Defendant and Appellant.

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

March 10, 1975.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Philip C. Griffin and Mark W. Jordan, Deputy Attorneys General, for Defendant and Appellant.

Dillon, Boyd, Dougherty & Perrier and Willis E. Urick, Jr., for Plaintiffs and Respondents.

OPINION

FILES, P.J.

The principal question here is whether plaintiffs were residents of California for personal income tax purposes for the fiscal years ending June 30, 1960, through 1964, inclusive.

After the Franchise Tax Board (hereinafter "Board") had assessed against Mr. and Mrs. Klemp income taxes for the years in question, they appealed to the State Board of Equalization...

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