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California Court of Appeal Reissues Opinion in Gillette Litigation

The three-judge panel of the California Court of Appeal has reissued its opinion in The Gillette Company et al. v. Franchise Tax Board, finding on the same grounds as in t

October 2, 2012

The three-judge panel of the California Court of Appeal has reissued its opinion in The Gillette Company et al. v. Franchise Tax Board, finding on the same grounds as in the court’s initial opinion that California was bound by the UDITPA election in the Multistate Tax Compact. 207 Cal.App.4th 1369 (Op. on Rehearing, Oct. 2, 2012). The court held that taxpayers, in calculating their California franchise tax, were entitled to make the Article III election to use UDITPA rather than the California-specific provisions. The only change in the Opinion on Rehearing from the initial opinion is that the court notes that subsequent to the years at issue, the California governor signed a bill stating that the code section adopting the Multistate Tax Compact is repealed. Importantly, the court notes that any issue regarding the effect or validity of this repeal was not before the court. Stay tuned for our analysis of the reissued opinion.

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