Spurgeon v. Franchise Tax Board

Opinion

SIMS, J.

Plaintiff Gladys L. Spurgeon appeals from an adverse judgment in her action for refund of allegedly overpaid California state income tax. Plaintiff claims that: (1) defendant Franchise Tax Board (hereafter Board) erroneously calculated her income from the sale of an apartment building because it measured her capital gain in terms of “dollars,” without compensating for the dollar’s declining purchasing power; (2) the Board, as a creature of the state, is required by the federal Constitution to measure capital gain with reference to the value of gold or silver coin (see U.S.…