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SPURGEON v. FRANCHISE TAX BOARD

Docket No. 23634.

160 Cal.App.3d 524 (1984)

206 Cal. Rptr. 636

GLADYS L. SPURGEON, Plaintiff and Appellant, v. FRANCHISE TAX BOARD, Defendant and Respondent.

Court of Appeals of California, Third District.

September 28, 1984.

Attorney(s) appearing for the Case

COUNSEL

Francis T. Cornish for Plaintiff and Appellant.

John K. Van de Kamp, Attorney General, Edward P. Hollingshead and Charles C. Kobayashi, Deputy Attorneys General, for Defendant and Respondent.

OPINION

SIMS, J.

Plaintiff Gladys L. Spurgeon appeals from an adverse judgment in her action for refund of allegedly overpaid California state income tax. Plaintiff claims that: (1) defendant Franchise Tax Board (hereafter Board) erroneously calculated her income from the sale of an apartment building because it measured her capital gain in terms of "dollars," without compensating for the dollar's declining purchasing power; (2) the...

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