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VENTAS FINANCE I, LLC v. FRANCHISE TAX BD.

Nos. A116277, A117751.

165 Cal.App.4th 1207 (2008)

VENTAS FINANCE I, LLC, Plaintiff and Respondent, v. FRANCHISE TAX BOARD, Defendant and Appellant.

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

August 11, 2008.

Attorney(s) appearing for the Case

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

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

OPINION

STEIN, J.

California's Franchise Tax Board (FTB) appeals from a judgment ordering a refund to Ventas Finance I (Ventas), a limited liability company (LLC), of $29,540, the entire amount it paid pursuant to former1 Revenue and Taxation Code2 section 17942 for the years 2001, 2002, and 2003, and a postjudgment order awarding attorney fees to Ventas in the amount of $215,016 pursuant...

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