Courts

Courts: No Attorney Fees Will Be Awarded in Hyatt Case, Nevada Court Rules

There was no prevailing party in the decades-long litigation between the Franchise Tax Board and Nevada inventor Gilbert Hyatt, and thus neither side will be ordered to pay the other’s legal costs or attorney fees, a Nevada trial court judge ruled. The Clark County judge issued the ruling February 21, but the decision was not posted on the FTB’s litigation webpage until March 19. The decision appears to be a win for Hyatt, as the FTB was asking the court…

Read More

Courts: U.S. Supreme Court Denies Review in Dispute Over California’s Aggressive Tax Enforcement

The U.S. Supreme Court this week denied Arizona’s motion to review a complaint over California’s taxation of Arizona limited liability companies that invest in California businesses. The February 24 majority opinion was concise, simply stating that “the motion for leave to file a bill of complaint is denied.” Justices Clarence Thomas and Samuel Alito dissented from the majority opinion, stating that the Supreme Court does not “have discretion to decline review in cases within our original jurisdiction that arise between…

Read More

Courts: BOE’s Interpretation of Property Tax Welfare Exemption Is ‘Clearly Erroneous,’ Court of Appeal Rules

The State Board of Equalization’s interpretation of a state law relating to the welfare exemption for property taxes is “clearly erroneous” and not binding, the Second District Court of Appeal ruled January 5 in a published decision. In Jewish Community Centers Development Corporation v. County of Los Angeles (January 15, 2016) Case No. B261022, the county relied on the BOE’s interpretation of Revenue and Taxation Code Section 214, and contended that a trial court erred by not deferring to a BOE advisory…

Read More