Category Archives: Litigation
Dicon Fiberoptics v. FTB Scheduled for Oral Argument in Supreme Court
A case involving the FTB’s ability to scrutinize the documentation behind Enterprise Zone vouchers has been scheduled on March 6 for argument in the California Supreme Court after a long delay. The following is the summary of the matters at hand from the Court: Dicon Fiberoptics v. Franchise Tax Bd., S173860. (173 Cal.App.4th 1082; Los [...]
Enterprise Zone News Roundup
The following are Enterprise Zone related stories that have appeared over the last week or so: CAEZ President Craig Johnson had an Op-Ed published in the Contra Costa Times where he discussed the demise of AB 1278 and said: If legislators want to find a way to improve the state’s economy, attacking the Enterprise Zone [...]
FTB “Tax News” July 2009
Here is the June 2009 edition of the FTB’s “Tax News” newsletter. This month’s edition includes an article called, “Enterprise Zone – Nonprofits May be Allowed Net Interest Deduction:” California provides for special tax incentives to encourage investment in specific geographic areas targeted for economic revitalizing called Enterprise Zones within the state. One of these [...]
BNA’s Laura Mahoney on the Dicon Case Decision
Reproduced with permission from Daily Tax Report, 88 DTR K-2 (May 11, 2009). Copyright 2009 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com. FTB May Audit EZ Credit Vouchers, But Must Prove Invalidity, Court Says SACRAMENTO, Calif.—The Franchise Tax Board has the authority to question the validity of tax credit vouchers that local government [...]
Appeals Court Overturns Dismissal of Dicon Fiberoptics v. FTB
For background on Dicon Fiberoptics v. FTB see these previous blog posts: 5/9/2007 “New Enterprise Zone Lawsuit.” 6/11/2007 “Dicon Fiberoptics v. FTB Update.” 7/17/2007 “Dicon Fiberoptics v. FTB Update 2.” 10/29/2007 “Dicon v. FTB Dismissed.” 11/13/07 “BNA: “Taxpayer Appeals Dismissal of Suit Challenging FTB’s Tax Credit Voucher Policy”.” After the case was dismissed in Superior [...]
BOE: EZ Can Reduce AMT
From CalTax.org, the State BOE has ruled that taxpayers may use Enterprise Zone tax credits to reduce Alternative Minimum Tax: Taxpayers can use enterprise zone tax credits to reduce the alternative minimum tax, the State Board of Equalization ruled by a 4-1 vote on the marquee case on the agenda at its February 25-26 meeting [...]
AB 1452
AB 1452 is the vehicle for tax code changes in the new budget. Here is the analysis summary of effects on tax credits: 3. Limit business tax credits in 2008-09 and 2009-10: Limits the amounts of business incentive tax credits that can be used to reduce tax liability in 2008-09 and 2009-10. Use of credits [...]
DeVry Decision Audio
Here is the audio of the BOE hearing in the case of DeVry we discussed previously: [Audio clip: view full post to listen] (If you receive the blog via email, click here to the website where you can access the audio player.)
BNA’s Laura Mahoney on the BOE DeVry Decision
On Friday I posted the Cal-Tax update regarding the BOE’s recent Enterprise Zone related decision. Laura Mahoney at BNA’s “Daily Tax Report” published a more detailed account of the case yesterday. Thanks to the folks at BNA for allowing its reproduction here. Reproduced with permission from Daily Tax Report, No. 165 (Aug. 26, 2008), pp. [...]
BOE Votes Against Limiting Hiring Credit
Cal-Tax is reporting on a new Enterprise Zone related case before the SBOE: An attempt by the Franchise Tax Board to narrow the scope of the enterprise zone hiring credit by limiting seniors’ eligibility was rejected unanimously in a tax appeal decided by the Board of Equalization on August 19. In the Appeal of DeVry, [...]
BOE to Rehear Taiheiyo
Last March I reprinted an article from BNA by Laura Mahoney regarding the SBOE decision in the Taiheiyo case. In the July 11, 2008 edition of BNA Daily Tax Report, Laura reports that the SBOE recently decided to rehear the case.
FTB Tax News Update to Jessica McClintock Case
From the April 2008 FTB Tax News publication: The November 2007 issue of Tax News included an article regarding the State Board of Equalization (SBE) unpublished decision in the Appeal of Jessica McClintock. Specifically, that article stated that individuals with a documented barrier, as defined under the Job Training Partnership Act (JTPA) 10 percent exception [...]
BNA On BOE Taiheiyo (In)decision
Reproduced with permission from Daily Tax Report, No. 46 (Mar. 10, 2008), p. H-3. Copyright 2008 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com: A cement manufacturer March 3 asked the State Board of Equalization to reconsider its Feb. 1 decision in which SBOE disallowed enterprise zone tax credits for machinery parts because they [...]
BNA Correction
A few weeks ago I reprinted a BNA article by Laura Mahoney discussing the appeal of Dicon v. FTB. Mahoney contacted me today to alert me to a correction published in relation to that article: A report on the Oct. 23 appeal of California court decision (Dicon Fiberoptics Inc. v. Franchise Tax Board, Cal. [...]
BNA: “Taxpayer Appeals Dismissal of Suit Challenging FTB’s Tax Credit Voucher Policy”
Below I am reprinting the fine article written by Laura Mahoney of BNA regarding the status of the Dicon v. FTB case I discussed earlier. The article appeared in BNA’s “Daily Tax Report” on 11/1/2007 and was titled “Taxpayer Appeals Dismissal of Suit Challenging FTB’s Tax Credit Voucher Policy.” Reproduced with permission from Daily Tax [...]
