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MOLE-RICHARDSON CO. v. FRANCHISE TAX BD.

Docket No. B041706.

220 Cal.App.3d 889 (1990)

269 Cal. Rptr. 662

MOLE-RICHARDSON COMPANY, Plaintiff and Respondent, v. FRANCHISE TAX BOARD, Defendant and Appellant.

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

May 22, 1990.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Edmond B. Mamer and Richard E. Nielsen, Deputy Attorneys General, for Defendant and Appellant.

Loeb & Loeb, John S. Warren and Andrew S. Garb for Plaintiff and Respondent.

Ajalat & Polley, Charles R. Ajalat, Terry L. Polley, Richard J. Ayoob, Latham & Watkins, Joseph A. Wheelock, Jr., Albert R. Rodriguez and Dwight M. Horii as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

TODD, J.*

Appellant Franchise Tax Board appeals from a judgment granting refund of corporate franchise taxes paid for income years 1972 through 1975 by respondent Mole-Richardson Company. The question presented is whether under the factual circumstances of this case the activities of a corporation with diverse business enterprises carried on both...

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