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NOBLE v. FRANCHISE TAX BD.

No. B167881.

13 Cal.Rptr.3d 363 (2004)

118 Cal.App.4th 560

Homer E. NOBLE et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD, Defendant and Respondent.

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

May 11, 2004.

Attorney(s) appearing for the Case

Richard W. Craigo for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, W. Dean Freeman, Supervising Deputy Attorney General, and Anthony Sgherzi, Deputy Attorney General, for Defendant and Respondent.

MOSK, J.

INTRODUCTION

Plaintiffs and appellants Homer E. Noble (Homer)1 and Stephanie F. Noble (Stephanie), his spouse, filed an action against defendant and respondent Franchise Tax Board (FTB) seeking a declaration that appellants were not residents of California for tax purposes as of and after March 1, 1994, and particularly March 7 and March 25, 1994. Those were dates on which certain securities were sold resulting in capital...

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