J.H. McKNIGHT RANCH, INC., Plaintiff and Respondent,
v.
FRANCHISE TAX BOARD, Defendant and Appellant.
Court of Appeals of California, First District, Division Five.https://leagle.com/images/logo.png
July 22, 2003.
As Modified on Denial of Rehearing August 19, 2003.
Attorney(s) appearing for the Case
Bill Lockyer, Attorney General, Randall P. Borcherding, Supervising Deputy Attorney General, Jack Newman and David Lew, Deputy Attorneys General, for Defendant and Appellant.
Reed Smith Crosby Heafey, Donald P. Rubenstein, Paul D. Fogel, San Francisco, and Jayne E. Fleming, Oakland, for Plaintiff and Respondent.
Court of Appeals of California, First District, Division Five.
GEMELLO, J.
In 1995, the Franchise Tax Board (Board) informed the J.H. McKnight Ranch, Inc. (McKnight) that it had underpaid state taxes by approximately $97,000. McKnight protested without success, then paid the disputed tax and filed a refund claim. In discussions with McKnight, the Board reiterated the view that the tax was owed, but offered to deny the refund claim summarily so that McKnight...
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