Legal Opinion

Handlery v. Franchise Tax Board

California Court of Appeal

Decided July 31, 1972No. Civ. 30084PublishedCited by 12 opinions

1Opinion of the Court

Opinion

ELKINGTON, J.

The plaintiffs appeal from a judgment denying a refund of taxes paid on their income to defendant State of California Franchise Tax Board for the years 1962, 1963 and 1964.

It is a basic principle of income taxation, law that an individual or corporation shall pay a tax measured by his or its own income. (See Hoeper v. Tax Commission, 284 U.S. 206 [76 L.Ed. 248, 52 S.Ct. 120, 78 A.L.R. 346].) California’s Supreme Court has said: “It is a fundamental premise of tax law that each taxpayer is accountable and taxable only upon its own income . . . .” (Great Western Financial…

2Cases cited34 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  3. National Carbide Corp. v. CommissionerSupreme Court of the United States · 1949
  4. Metropolis Theatre Co. v. City of ChicagoSupreme Court of the United States · 1913
  5. Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1932

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3Cited by12 opinions

  1. Arnett v. Dal CieloCalifornia Supreme Court · 1996
  2. Iowa National Industrial Loan Co. v. Iowa State Department of RevenueSupreme Court of Iowa · 1974
  3. Hamich, Inc. v. State Ex Rel. ClayburghNorth Dakota Supreme Court · 1997
  4. Container Corp. of America v. Franchise Tax Bd.California Court of Appeal · 1981
  5. Intoximeters, Inc. v. YoungerCalifornia Court of Appeal · 1975

7 more not listed; retrieve them via the Exa API.

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