Peacock Hill Ass'n v. Peacock Lagoon Construction Co.

I dissent. The majority concede that “[Tjhe purpose of section

23301 of the Revenue and Taxation Code is to put pressure on the delinquent corporation to pay its taxes . . . .” (Ante, p. 371.) Yet that purpose is frustrated by permitting a delinquent corporation, merely through tardy payment of taxes, to validate all of the actions taken during its period of suspension. Under that concept the stick becomes a carrot; all incentive to avoid punitive disabilities dissolves. Upon exposure of its delinquency the corporation suffers little more than fleeting embarrassment, and, indeed, it is then…