Legal Opinion

Owens-Corning Fiberglas Corp. v. State Board of Equalization

California Court of Appeal

Decided May 28, 1974No. Civ. 33232PublishedCited by 4 opinions

1Opinion of the Court

Opinion

BRAY, J. *

Defendant appeals from judgment of the San Francisco Superior Court in favor of plaintiff.

Questions Presented

1. The Board of Equalization may retain funds voluntarily deposited with it where it failed within the statutory period of limitations to issue notice of deficiency determination stating additional tax due.

2. Any error in the findings is immaterial.

Record

This action is for refund of taxes voluntarily paid defendant by plaintiff. The case was tried on a stipulation of facts and nine exhibits supplementing the stipulation. Judgment was rendered in favor of plaintiff in…

2Cases cited6 opinions

  1. Lewis v. ReynoldsSupreme Court of the United States · 1932
  2. Mudd v. McColganCalifornia Supreme Court · 1947
  3. Northrop Aircraft, Inc. v. California Employment Stabilization CommissionCalifornia Supreme Court · 1948
  4. Marchica v. State Board of EqualizationCalifornia Court of Appeal · 1951
  5. Marble Mortgage Co. v. Franchise Tax BoardCalifornia Court of Appeal · 1966

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

3Cited by4 opinions

  1. Title Insurance. Co. v. State Board of EqualizationCalifornia Supreme Court · 1992
  2. Jibilian v. Franchise Tax BoardCalifornia Court of Appeal · 2006
  3. Sprint Communications Co. v. State Board of EqualizationCalifornia Court of Appeal · 1995
  4. Title Insurance. Co. v. State Board of EqualizationCalifornia Supreme Court · 1992

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