California Tax Board Immune From Wrongful Taxation Suit

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By David McAfee

The California Franchise Tax Board prevailed in a lawsuit filed in Kansas federal court over the alleged wrongful taxation of an individual.

Judge Carlos Murguia of the U.S. District Court for the District of Kansas granted the FTB’s motion for relief from default and motion to dismiss in the case, which was brought by plaintiff Ronald E. Davis. Bank of America and its subsidiaries are also named in the complaint ( Davis v. Bank of Am. , D. Kan., No. 2:16-cv-02506, 12/23/16 ).

The court accepted the FTB’s assertion that it is a state agency and therefore “a part of the State of California.”

“As a branch of the State of California, the Franchise Tax Board is immune from suit unless Congress or the State unequivocally waives that immunity,” Judge Murguia wrote Dec. 23 in the six-page memorandum and order.

The judge set aside a default judgment against the FTB and found that alleged civil rights violations must be litigated in state court. Court documents show the lawsuit was filed after the FTB deducted about $700 from Davis’ Bank of America account to satisfy a tax liability.

To contact the reporter on this story: David McAfee in Los Angeles at dMcAfee@bna.com

To contact the editor responsible for this story: Ryan C. Tuck at rtuck@bna.com

For More Information

Text of the ruling is at http://src.bna.com/k3H.

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