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  5. 71 Cal.Rptr.3d 642 (2008)
 

NORTHWEST ENERGETIC SERV. v. FRANCHISE TAX BD.

Nos. A114805, A115841, A115950.

71 Cal.Rptr.3d 642 (2008)

159 Cal.App.4th 841

NORTHWEST ENERGETIC SERVICES, LLC, Plaintiff and Respondent, v. CALIFORNIA FRANCHISE TAX BOARD, Defendant and Appellant.

Court of Appeal of California, First District, Division Five.

As Modified on Denial of Rehearing March 3, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Randall P. Borcherding, Supervising Deputy Attorney General, Jeffrey Rich, Deputy Attorney General, Marguerite C. Stricklin, Deputy Attorney General, for Defendant and Appellant.

Silverstein & Pomerantz, Amy L. Silverstein, Edwin P. Antolin, San Francisco, for Plaintiff and Respondent.

NEEDHAM, J.

In these consolidated appeals, the California Franchise Tax Board (FTB) challenges a judgment awarding respondent Northwest Energetic Services, LLC (Northwest) a refund of amounts paid under Revenue and Taxation Code section 179421 and an order awarding attorney fees. In awarding the refund, the trial court concluded that former section 17942—a levy on limited liability...

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