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ORDLOCK v. FRANCHISE TAX BD.

No. B169465.

16 Cal.Rptr.3d 648 (2004)

Bayard M. ORDLOCK et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD, Defendant and Respondent.

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

As Modified on Denial of Rehearing August 24, 2004.

Review Granted December 1, 2004.

Attorney(s) appearing for the Case

Bingham McCutchen and Clayton J. Vreeland, Los Angeles, for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, W. Dean Freeman, Lead Supervising Deputy Attorney General, and Michael R. Weiss, Deputy Attorney General, for Defendant and Respondent.

MALLANO, J.

Plaintiffs Bayard M. Ordlock and Lois S. Ordlock (Taxpayers) appeal from a summary judgment in favor of defendant Franchise Tax Board (FTB) on their complaint for a refund of personal income taxes for the 1983 tax year. In 1998, about 14 years after May 1984 when Taxpayers filed their 1983 return, FTB noticed a proposed assessment of $12,350 in taxes and over $35,000 in interest, based upon Internal Revenue...

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