Legal Opinion

Title Insurance. Co. v. State Board of Equalization

California Supreme Court

Decided December 31, 1992No. S022285PublishedCited by 35 opinions

1Opinion of the Court

Opinion

PANELLI, J.

We granted review to decide whether title insurers may be taxed on claims paid by underwritten title companies pursuant to underwriting agreements between the two. We conclude that they may not be so taxed. Additionally, we find that the State Board of Equalization failed to properly raise the defense that the title insurers should have been taxed on the total premiums paid by the insureds to the underwritten title companies. Therefore, we do not reach the premiums issue. Accordingly, we reverse the judgment of the Court of Appeal.

*720I. Stipulated Facts

These consolidated…

2Cases cited31 opinions

  1. United States v. JanisSupreme Court of the United States · 1976
  2. Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
  3. Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
  4. James v. United StatesSupreme Court of the United States · 1961
  5. Lewis v. ReynoldsSupreme Court of the United States · 1932

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3Cited by35 opinions

  1. Sweatman v. Department of Veterans AffairsCalifornia Supreme Court · 2001
  2. Wayne v. Staples, Inc.California Court of Appeal · 2006
  3. Citicorp North America, Inc. v. Franchise Tax BoardCalifornia Court of Appeal · 2000
  4. Automotive Funding Group, Inc. v. GaramendiCalifornia Court of Appeal · 2003
  5. Farrar v. Franchise Tax BoardCalifornia Court of Appeal · 1993

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

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