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HARLEY-DAVIDSON, INC. v. FRANCHISE TAX BD.

No. D071669.

27 Cal.App.5th 245 (2018)

HARLEY-DAVIDSON, INC., et al., Plaintiffs and Appellants, v. FRANCHISE TAX BOARD, Defendant and Respondent.

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

August 22, 2018.

Attorney(s) appearing for the Case

Silverstein & Pomerantz, Amy L. Silverstein and Robert T. Petraglia for Plaintiffs and Appellants.

Xavier Becerra , Attorney General, Edward C. DuMont , Solicitor General, Diane Shaw , Assistant Attorney General, Aimee Feinberg , Stephen Lew and Tim Nader , Deputy Attorneys General, for Defendant and Respondent.

OPINION

Plaintiff Harley-Davidson, Inc., and its subsidiaries (Harley-Davidson) form a multistate enterprise with numerous functionally integrated subsidiary corporations. It contends that defendant Franchise Tax Board's (Board) tax scheme violates the commerce clause of the federal Constitution (U.S. Const., art. I...

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