IBM Personal Pension Plan v. City & County of San Francisco

Opinion

SIMONS, J. —

Revenue and Taxation Code 1 section 5140 provides that a real estate property tax refund action may be brought by the “person who paid the tax .... No other person may bring such an action; but if another should do so, judgment shall not be rendered for the plaintiff.” In this matter, the IBM Personal Pension Plan (Plan) filed suit to recover property taxes and fraud penalties paid on its behalf by the Plan’s trustee, The Chase Manhattan Bank, N.A. (Chase). Because we believe that the standing requirement in section 5140 means what it says, we conclude that the Plan, though…