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ALPHA THERAPEUTIC v. FRANCHISE TAX BD.

No. B138063.

100 Cal.Rptr.2d 548 (2000)

84 Cal.App.4th 1

ALPHA THERAPEUTIC CORP., Plaintiff and Appellant, v. FRANCHISE TAX BOARD, Defendant and Respondent.

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

September 11, 2000.

Attorney(s) appearing for the Case

Melveny & Myers, LLP, Frederick A. Richman, Carla Christofferson, and Aleks S. Frimershtein, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Richard W. Bakke, Supervising Deputy Attorney General, Thomas G. Heller, Deputy Attorney General, for Defendant and Respondent.

LILLIE, P.J.

Alpha Therapeutic Corporation (Alpha) appeals from summary judgment granted in favor of defendant Franchise Tax Board of the State of California (FTB) on Alpha's complaint for a refund of over $950,000 in franchise taxes paid for four consecutive fiscal years ending September 30, 1993. The dispositive issue, and one apparently of first impression,1 is whether Revenue and Taxation...

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