Taiheiyo Cement U.S.A., Inc. v. Franchise Tax Board

Opinion

MALLANO, P. J.

—Taiheiyo Cement U.S.A., Inc. (Taxpayer), appeals from a judgment entered after the trial court granted Franchise Tax Board’s (FTB) motion for judgment on the pleadings on Taxpayer’s complaint for declaratory relief and refund of taxes, interest, and penalties paid for tax years 1998 and 1999 following FTB’s disallowance of enterprise zone sales and use tax credits claimed by Taxpayer under Revenue and Taxation Code section 23612.2 for the purchase of current expense assets.1

Taxpayer contends that the trial court erred in granting FTB’s motion for judgment on the…