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CUTLER v. FRANCHISE TAX BD.

No. B248270.

229 Cal.App.4th 419 (2014)

177 Cal. Rptr. 3d 291

FRANK CUTLER, Plaintiff and Appellant, v. FRANCHISE TAX BOARD, Defendant and Respondent.

Court of Appeals of California, Second District, Division Eight.

September 2, 2014.

Attorney(s) appearing for the Case

Reed Smith, Mardiros H. Dakessian , Margaret M. Grignon , Zareh A. Jaltorossian and Kasey J. Curtis for Plaintiff and Appellant.

Kamala D. Harris , Attorney General, Paul D. Gifford , Assistant Attorney General, W. Dean Freeman , Diane Spencer Shaw and Marta L. Smith , Deputy Attorneys General, for Defendant and Respondent.

OPINION

GRIMES, J.—

SUMMARY

In 2012, we held in an earlier appeal in this case that a tax statute discriminated on its face on the basis of an interstate element in violation of the commerce clause. (Cutler v. Franchise Tax Bd. (2012) 208 Cal.App.4th 1247 [146 Cal.Rptr.3d 244] (Cutler I).) When plaintiff Frank Cutler sought...

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