Legal Opinion

Engs Motor Truck Co. v. State Board of Equalization

California Court of Appeal

Decided February 11, 1987No. A031354PublishedCited by 19 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

SMITH, J.

—Plaintiff Engs Motor Truck Company (Engs), a retail truck dealer, appeals following summary judgment for defendant State Board of Equalization (the board) in this action for a refund of sales tax and interest paid under protest. (Rev. & Tax. Code, § 6933, all further section references are to the same code unless stated otherwise.)

The issues are (1) whether trucks sold for ostensible delivery to an out-of-state point must actually be so delivered in order to gain the seller a sales tax exemption under section 6396 of the Sales and Use Tax Law (§ 6001 et seq.), (2) if so,…

2Cases cited31 opinions

  1. Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
  2. Select Base Materials, Inc. v. Board of EqualizationCalifornia Supreme Court · 1959
  3. People v. KnowlesCalifornia Supreme Court · 1950
  4. Whitcomb Hotel, Inc. v. California Employment CommissionCalifornia Supreme Court · 1944
  5. Coca-Cola Co. v. State Board of EqualizationCalifornia Supreme Court · 1945

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3Cited by19 opinions

  1. DOCTORS'CO. INS. SERVICES v. Superior CourtCalifornia Court of Appeal · 1990
  2. Millan v. Restaurant Enterprises Group, Inc.California Court of Appeal · 1993
  3. Finnegan v. SchraderCalifornia Court of Appeal · 2001
  4. Wolfe v. Dublin Unified School DistrictCalifornia Court of Appeal · 1997
  5. Hunt Building Corp. v. BernickCalifornia Court of Appeal · 2000

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