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HANDLERY HOTELS, INC. v. FRANCHISE TAX BD.

Docket No. A066930.

39 Cal.App.4th 1360 (1995)

46 Cal. Rptr.2d 525

HANDLERY HOTELS, INC., Plaintiff and Appellant, v. FRANCHISE TAX BOARD, Defendant and Respondent.

Court of Appeals of California, First District, Division Five.

November 6, 1995.

Attorney(s) appearing for the Case

COUNSEL

Steefel, Levitt & Weiss, Jordan P. Rose, Marc Lackner and Lisa C. Sims for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, and Timothy G. Laddish, Assistant Attorney General, for Defendant and Respondent.

OPINION

PETERSON, P.J.

Handlery Hotels, Inc. (Handlery) appeals from the trial court's grant of summary judgment in favor of the Franchise Tax Board (the Board). (Code Civ. Proc., § 437c.) In its complaint, Handlery sought a refund of taxes, contending that it had overpaid its 1991 franchise tax. The only issue before this court is a purely legal one — whether Handlery's 1991 franchise tax should be calculated using the...

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