JIBILIAN v. FRANCHISE TAX BD.

No. B175952.

39 Cal.Rptr.3d 123 (2006)

136 Cal.App.4th 862

Tony JIBILIAN, et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD, Defendant and Respondent.

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

February 9, 2006.


Attorney(s) appearing for the Case

Law Offices of Tabone and Derek L. Tabone for Plaintiffs and Appellants.

Bill Lockyer, Attorney General, W. Dean Freeman, Lead Supervising Deputy Attorney General, and Elisa B. Wolfe-Donato, Deputy Attorney General, for Defendant and Respondent.


MALLANO, Acting P.J.

Tony and Dorothy Jibilian appeal from a judgment dismissing their second amended complaint for a tax refund after the trial court sustained the demurrer of defendant Franchise Tax Board (FTB). We affirm the judgment because the Jibilians' wages are taxable and FTB was not required to follow deficiency assessment procedures in order to deny a refund of taxes paid.

BACKGROUND1

The Jibilians,...

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