Legal Opinion

MODERN PAINT & BODY SUPPLY, INC. v. State Bd. of Equalization

California Court of Appeal

Decided March 6, 2001No. B141232PublishedCited by 10 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

NOTT, J.

The State Board of Equalization (the Board) appeals from a summary judgment awarding a refund of sales taxes, interest, and penalties in favor of Modem Paint and Body Supply, Inc. (Modem). Modem is a business that sells products used in auto body repair. It sold items to auto repair shops which the repair shops consumed or used up during the auto repair process and which were not physically incorporated into the repaired cars, such as sandpaper, masking tape, and paint thinner. Both parties refer to these items as “supplies.” The Board, following audits showing that Modern had…

2Cases cited10 opinions

  1. Mangini v. R. J. Reynolds Tobacco Co.California Supreme Court · 1994
  2. Campbell v. Arco Marine, Inc.California Court of Appeal · 1996
  3. Brewer v. PatelCalifornia Court of Appeal · 1993
  4. Farm Sanctuary Inc. v. Dept. of Food and AgricultureCalifornia Court of Appeal · 1998
  5. Yamaha Corp. of America v. State Board of EqualizationCalifornia Court of Appeal · 1999

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3Cited by10 opinions

  1. Loeffler v. Target CorporationCalifornia Supreme Court · 2014
  2. Manriquez v. GourleyCalifornia Court of Appeal · 2003
  3. Diablo Valley College Faculty Senate v. Contra Costa Community College DistrictCalifornia Court of Appeal · 2007
  4. In Re FurnaceCalifornia Court of Appeal · 2010
  5. Taylor v. Cox Commc'ns Cal., LLCDistrict Court, C.D. California · 2017

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