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Practitioners Call for More California Guidance After Written Tax Appeal Decisions

Practitioners Call for More California Guidance After Written Tax Appeal Decisions

This BNA article addresses the need for additional guidance from the California State Board of Equalization to explain the rationale behind certain tax appeal decisions.  BL&M attorney, Joe Vinatieri, was interviewed by BNA and quoted in the article.  See full BNA article by clicking here.

Excerpt:

Development of Case Law. With a lack of precedential opinions, practitioners look to the summary decisions that can’t be cited as precedent for guidance, some said. "I would like to have precedential decisions," Joseph A. Vinatieri, an attorney with Bewley, Lassleben & Miller LLP in Whittier, Calif., said Dec. 17.   Vinatieri represented the City of Fillmore in one of two local sales tax allocation cases the city had that were written up under the law. "Any time you have written decisions I think it’s helpful for the development of case law."

The written decision in the case he litigated can help other taxpayers despite the fact that it isn’t a precedential decision because it provides guidance on the degree of presence necessary for a business’s sales tax allocation to go to a particular city, Vinatieri said.

Reproduced with permission from Daily Tax Report 248 DTR H-1 (Dec. 29, 2014). Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

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