Legal Opinion
Farmer Bros. Co. v. Franchise Tax Bd.
California Court of Appeal
Decided May 21, 2003No. B160061PublishedCited by 11 opinions
1Opinion of the Court
Opinion
MALLANO, J.
In this case of first impression, we hold that California Revenue and Taxation Code section 24402 (section 24402), known as the “dividends received deduction,” violates the commerce clause of the United States Constitution (commerce clause) by discriminating against corporations engaged in interstate commerce. Section 24402 affords to a corporate taxpayer an income tax deduction for a portion of the dividends it receives from another corporation when the dividends are declared, from income which was included in the payer corporation’s measure of California franchise tax,…
2Cases cited10 opinions
- Oregon Waste Systems, Inc. v. Department of Environmental Quality of Ore.Supreme Court of the United States · 1994
- Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983
- Camps Newfound/Owatonna, Inc. v. Town of HarrisonSupreme Court of the United States · 1997
- Ghirardo v. AntonioliCalifornia Supreme Court · 1994
- Armco Inc. v. HardestySupreme Court of the United States · 1984
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- River Garden Retirement Home v. Franchise Tax BoardCalifornia Court of Appeal · 2010
- Abbott Laboratories v. Franchise Tax BoardCalifornia Court of Appeal · 2009
- Apple, Inc. v. Franchise Tax BoardCalifornia Court of Appeal · 2011
- Harley-Davidson, Inc. v. Franchise Tax BoardCalifornia Court of Appeal · 2015
- NetJets Aviation, Inc. v. GuilloryCalifornia Court of Appeal · 2012
6 more not listed; retrieve them via the Exa API.