Alpha Therapeutic Corp. v. Franchise Tax Board

Opinion

LILLIE, P. J.

Alpha Therapeutic Corporation (Alpha) appeals from summary judgment granted in favor of defendant Franchise Tax Board of the State of California (FTB) on Alpha’s complaint for a refund of over $950,000 in franchise taxes paid for four consecutive fiscal years ending September 30, 1993. The dispositive issue, and one apparently of first impression, 1 is whether Revenue and Taxation Code section 33 (section 33) affords Alpha an exemption from franchise taxes. Section 33 provides: “Human whole blood, plasma, blood products, and blood derivatives, or any human body parts held…