California, Franchise Tax Board v. Rowley (In Re Rowley)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
2Per curiam
In May 1989, the Internal Revenue Service (“IRS”) assessed a tax deficiency against Calvin and Barbara Rowley (“Rowleys”). The IRS then notified the State of California, Franchise Tax Board (“State”), of the assessment. The Rowleys failed to notify the State of the assessment despite the requirements of Cal. Rev. & Tax.Code § 18451. 1 On April 2, 1993, the State issued a notice of proposed assessment to the Rowleys for additional 1982 California income taxes. The assessment was based upon the income tax deficiency assessed by the Internal Revenue Service.
In November 1995, the Rowleys…
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