Legal Opinion
Superior Oil Co. v. Franchise Tax Board
California Supreme Court
Decided October 29, 1963No. L. A. 26672PublishedCited by 30 opinions
1Opinion of the CourtPeek, J.
The defendant Franchise Tax Board appeals from a judgment awarding to the plaintiff Superior Oil Company a tax refund of $502,645.48 including interest, claimed to constitute an excess levy of the corporate franchise tax for the company’s fiscal year ending August 31, 1952.
The franchise tax is impressed annually on corporations for the privilege of exercising the corporate franchise within California. (Rev. & Tax. Code, § 23151. )
The measure of the tax is limited to income reasonably attributable to sources in California.- Section 24301 of- the Revenue and Taxation Code as it read in part…
2Cases cited5 opinions
- Butler Bros. v. McColgan, Franchise Tax CommissionerSupreme Court of the United States · 1942
- Adams Express Co. v. Ohio State AuditorSupreme Court of the United States · 1897
- Edison California Stores, Inc. v. McColganCalifornia Supreme Court · 1947
- Butler Brothers v. McColganCalifornia Supreme Court · 1941
- John Deere Plow Co. v. Franchise Tax BoardCalifornia Supreme Court · 1951
3Cited by30 opinions
- Container Corp. of America v. Franchise Tax BoardSupreme Court of the United States · 1983
- Hoechst Celanese Corp. v. Franchise Tax BoardCalifornia Supreme Court · 2001
- Commonwealth v. ACF Industries, Inc.Supreme Court of Pennsylvania · 1970
- Skelly Oil Co. v. Commissioner of TaxationSupreme Court of Minnesota · 1964
- American Smelting & Refining Co. v. Idaho State Tax CommissionIdaho Supreme Court · 1979
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