DELUCCHI v. FRANCHISE TAX BD.

No. C056503.

170 Cal.App.4th 1264 (2009)

MARIO DELUCCHI et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD, Defendant and Respondent.

Court of Appeals of California, Third District.

February 4, 2009.


Attorney(s) appearing for the Case

Harry Gordon Oliver II for Plaintiffs and Appellants.

Edmund G. Brown, Jr., Attorney General, William L. Carter and George C. Spanos, Deputy Attorneys General, for Defendant and Respondent.


OPINION

DAVIS, J.

Plaintiffs (the individuals, couples, and other entities listed in exhibit A of the complaint as the signatories on 58 state tax returns) brought the present action for a refund of approximately $17,000 each in state income tax that they had paid on the balance of proceeds received in 1995 from their 1986 sale of stock. The trial court ruled in favor of defendant Franchise Tax Board (FTB) on cross-motions for summary...

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