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BORCHERS v. FRANCHISE TAX BOARD

Docket No. 68191.

151 Cal.App.3d 504 (1984)

198 Cal. Rptr. 734

ROBERT H. BORCHERS et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD et al., Defendants and Respondents.

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

January 31, 1984.

Attorney(s) appearing for the Case

COUNSEL

Hickey, Neuland, Pardes & Colletta and William P. Hickey for Plaintiffs and Appellants.

John K. Van de Kamp, Attorney General, Edmond B. Mamer and Patti S. Kitching, Deputy Attorneys General, for Defendants and Respondents.

OPINION

SAETA, J.*

Appellants Robert H. and Josephine Borchers (taxpayers) timely appeal from a judgment in favor of respondents Franchise Tax Board and State Board of Equalization (collectively Board). Taxpayers had sued for a refund of income taxes for the year 1971 on the basis that annuity payments received by them should not have been included in their...

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