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Ruling May Overturn 30-Year-Old Tax Policy in California

A tentative decision in favor of plaintiff Akerman Senterfitt in Parmar v. State Board of Equalization (search for case No. BC379013) may overturn a 30-year-old policy applied to some 25 tax and fee programs. Under the BOE’s policy, corporate executives were held liable for unpaid corporate excise taxes. In this case, executives of Santos Agency Inc., who were assessed taxes purportedly owed by their suspended corporation, challenged this unwritten policy.

Los Angeles County Superior Court Judge Jane L. Johnson decided that the BOE’s policy lacked any statutory or regulatory support, violated California corporate law and the Administrative Procedures Act. Judge Johnson subsequently ordered the BOE to refund all taxes paid by the plaintiffs. An objection document has been filed by the defendant and the case’s status remains pending.

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One Response to “Ruling May Overturn 30-Year-Old Tax Policy in California”

  1. Rick | 20 January 2009

    Does anyone know if this is the same unwritten policy that prohibits a California Non Profit from paying fines or penalties?


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