ANACONDA CO. v. FRANCHISE TAX BOARD

Docket No. 48666.

130 Cal.App.3d 15 (1982)

181 Cal. Rptr. 640

ANACONDA COMPANY, Plaintiff and Respondent, v. FRANCHISE TAX BOARD, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

March 24, 1982.


Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Edward P. Hollingshead and Charles C. Kobayashi, Deputy Attorneys General, for Defendant and Appellant.

Peter Anderson, R. Tyler Andersen, Fred A. Rodriguez and Thelen, Marrin, Johnson & Bridges for Plaintiff and Respondent.


OPINION

CHRISTIAN, J.

The Franchise Tax Board appeals from a judgment awarding to respondent Anaconda Company refund of $3,423,349.32 taxes paid under the Bank and Corporations Tax Law for income years of 1955 through 1969 inclusive. The court also awarded interest on the disputed amount. The question on appeal is whether, under undisputed facts, the trial court acted correctly when it determined that Anaconda was not engaged in a...

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