Cases: Taxation

Taxation: Chinese Theatres Has Been Certified For Publication.

Cases: Taxation

Revenue and Taxation Code § 1611.6 Fees Award Of $180,000 To Chinese Theatres Was Reversed On Appeal As A Matter Of Law             In a December 9, 2020 post, we discussed Chinese Theatres, LLC v. County of Los Angeles, Case No. B302708 (2d Dist., Div. 3) which was unpublished at that time.             In Chinese […]

Taxation: $180,000 Fees Award To Chinese Theatres Under Revenue And Taxation Code Section 1611.6 Reversed As A Matter Of Law

Cases: Taxation

Yes, The Case Did Involve The Historical Grauman’s Chinese Theatre In Hollywood. Grauman’s Chinese Theatre. Carol M. Highsmith, photographer. Library of Congress.             The real property upon which the historical Grauman’s Chinese Theatre in Hollywood was located happened to be involved in a tax assessment dispute in the next opinion we discuss, Chinese Theatres, LLC

Celebrities, Employment, Taxation: 2017 Tax Amendments Do Not Allow Tax Reporter To “Expense” Attorney’s Fees Expended In A Sexual Harassment/Abuse Nondisclosure Settlement

Cases: Celebrities, Cases: Employment, Cases: Taxation

“Weinsten Tax” Meant To Disincentivize Sexual Perpetrators/Harassing Employers From Trying To Prevent Reporting By Victims.             As a response to some sexual harassers/abusers requiring use of confidentiality agreements to silence victims, Congress in December 2017 amended the Tax Code in what has been dubbed the “Weinstein tax.”             Several bloggers indicate the repercussions of this.

Taxation: Plaintiffs Obtaining Narrow Remand Relief In Tax Refund Dispute Were Not Entitled To Fee Recovery Under Revenue And Taxation Code Sections 1611.6 And 5152

Cases: Taxation

Material Points Behind Initial Decision Were Disclosed And No Recovery Of Taxes Occurred.             In SSL Landlord, LLC v. County of San Mateo, Case No. A151318 (1st Dist., Div. 3 April 23, 2019) (published), plaintiffs appealed a denial of attorney’s fees to them, as against County, under Revenue and Taxation Code sections 1611.6 and 5152.

Taxation:  Land Partners, LLC Decision Construing Revenue And Taxation Code 5152 Now Published

Cases: Taxation

Deals With Assessor Liability For Challenging A Law As Unconstitutional And Invalid.             In our January 16, 2018 post, we discussed Land Partners, LLC v. County of Orange, a Fourth District, Division 3 decision—unpublished at the time—discussing a special fee-shifting statute under the Revenue and Taxation Code about faulty Assessor decisions.  We can now report

Taxation:  Revenue And Taxation Code Fee-Shifting Provision Did Not Allow For Fee Shifting Against Assessor Action Where There Was Simply A Misapplication Of Law

Cases: Taxation

Subjective, Cognitive Decision By Assessor That Provision, Rule, Or Regulation Was Unconstitutional/Invalid Was Not Shown To Allow For Fee Shifting. The Fountain of Taxation.  1909.  Library of Congress.             The next case, Land Partners, LLC v. County of Orange, Case No. G053664 (4th Dist., Div. 3 Jan. 10, 2018) (unpublished), involves a fee-shifting statute, Revenue

Taxation: Tax Court’s Denial Of Fee Recovery To Innocent Spouse, Whose Qualified Settlement Offer Was Rejected, Was Improper Because Later IRS Concession Of Relief Was Not A Settlement

Cases: Taxation

  Internal Revenue Code Section 7340(g) Fee-Shifting Provision Was At Issue.     Knudsen v. Comm’r of Internal Revenue, No. 13-72077 (9th Cir. July 15, 2015) (published) dealt with a very narrow issue under Internal Revenue Code section 7340(g)’s fee-shifting statutory provision:  whether the IRS’s concession after letting a claimed innocent spouse taxpayer’s qualified offer to

Allocation/Special Fee Shifting Statute/Taxation: Prevailing Real Property Taxpayer Properly Awarded $70,806.71 Under Revenue And Taxation Code Section 1611.6

Cases: Allocation, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes, Cases: Taxation

  Government Code Section 800 Cap Does Not Apply to Section 1611.6 Awards.      Acting Presiding Justice Moore, in a 3-0 decision in Villa San Clemente LLC v. County of Orange, Case No. G04984 (4th Dist., Div. 3 Sept. 4, 2012) (unpublished), dealt with a $70,806.71 attorney’s fees award under Revenue and Taxation Code section

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