Handlery v. Franchise Tax Board
California Court of Appeal
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
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
- National Carbide Corp. v. CommissionerSupreme Court of the United States · 1949
- Metropolis Theatre Co. v. City of ChicagoSupreme Court of the United States · 1913
- Arizona Grocery Co. v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1932
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3Cited by12 opinions
- Arnett v. Dal CieloCalifornia Supreme Court · 1996
- Iowa National Industrial Loan Co. v. Iowa State Department of RevenueSupreme Court of Iowa · 1974
- Hamich, Inc. v. State Ex Rel. ClayburghNorth Dakota Supreme Court · 1997
- Container Corp. of America v. Franchise Tax Bd.California Court of Appeal · 1981
- Intoximeters, Inc. v. YoungerCalifornia Court of Appeal · 1975
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