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WERTIN v. FRANCHISE TAX BD.

Nos. B114114, B117076.

80 Cal.Rptr.2d 644 (1998)

68 Cal.App.4th 961

John E. WERTIN et al., Plaintiffs and Respondents, v. FRANCHISE TAX BOARD, Defendant and Appellant.

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

Review Denied March 31, 1999.

Attorney(s) appearing for the Case

Daniel E. Lungren, Attorney General, David S. Chaney, Supervising Deputy Attorney General, and Felix E. Leatherwood, Deputy Attorney General, for Defendant and Appellant.

Voss, Cook & Thel, James G. Damon and M. Edward Mishow, Newport Beach, for Plaintiffs and Respondents.

LILLIE, P.J.

The Franchise Tax Board (FTB) appeals from an adverse judgment after a court trial in an action brought by John and Barbara Wertin (the Wertins) for a refund of assessed delinquent taxes and interest thereon. The trial court found the Franchise Tax Board's issuance of a notice of proposed assessment of a tax deficiency without reviewing the Wertins' tax returns for the relevant year rendered the Franchise...

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