Cases: Taxation

Prevailing Party/Special Fee Shifting Statute/Costs: Taxpayer Reaps $186,342.54 As Fee Recovery When Trial Court Remands Case Back For Assessment Board Base Tax Year Recalculation

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

  Fees Justified Under Government Code Section 800 and Revenue and Taxation Code Section 1611.6; Costs Of $19,788.92 Justified Under CCP § 1032.      Here are two companion cases from the Fifth District, Canandaigua Wine Co., Inc. v. County of Madera, Case Nos. F059256 and F059621 (Apr. 20, 2011) (unpublished), discussing fee-shifting statutes we do […]

Assessment Lien Foreclosure: Streets And Highway Code Special Fee-Shifting Provision Does Not Require Fees To Be Taken Out of Excess Sale Proceeds

Cases: Special Fee Shifting Statutes, Cases: Taxation

  Fourth District, Division 2 Construes Arcane Provision, Streets and Highways Code Section 8831.      Streets and Highways Code section 8831 provides that costs, including reasonable attorney’s fees, are fixed by the court for costs incurred by a city in pursuing a foreclosure action for unpaid assessments to repay bonds for improvements such as sewers.

Family Law: Attorney’s Fees of Father Paid by Tribe Directly to Attorneys and Included as Taxable Income on a Federal Return, are Excluded as Gross Income for Purposes of Calculating Child Support

Cases: Family Law, Cases: Taxation

  But Fourth District, Division One Also Rules that on Remand,Trial Court May Consider Whatever Impact the Attorney’s Fees Have on Living Expenses and Resources.      The typical attorney’s fees issue addressed by the courts in family law disputes is:  who should pay attorney’s fees, and how much?  The next case involves an altogether different

Special Fee-Shifting Statute In Taxpayer Dispute: Appellate Court Reverses $220,000 Fee Award In Taxpayer’s Favor As Against Franchise Tax Board

Cases: Special Fee Shifting Statutes, Cases: Taxation

First District, Division 4 Determines FTB Was Substantially Justified in Defending Case.      In a lawsuit against the State of California (including the Franchise Tax Board) for a tax refund, a prevailing taxpayer may be awarded attorney’s fees unless the State of California “establishes that its position in the proceeding was substantially justified.” (Rev. &

Winning Plaintiffs In Tax Refund Cases Against Franchise Tax Board Can Seek Fees Under Either Revenue And Taxation Code Section 19717 Or Code of Civil Procedure Section 1021.5

Cases: Taxation

First District, Division One Finds Revenue and Taxation Code section 19717 is Not the Exclusive Means of Recovering Attorney’s Fees in a Tax Refund Case.             Okay, for those tax practitioners representing California state taxpayers, we have a post of interest to you on a recent published decision coming out of the

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