California urges high court not to hear Arizona’s challenge to ‘doing business’ tax

U.S. Supreme Court

By Howard Fischer | Capitol Media Services via Arizona Capitol Times

California officials are urging the U.S. Supreme Court to butt out of their dispute with Arizona over how California imposes its taxes on some of this state’s residents and businesses.

In new legal filings, Joshua Patashnik, the California deputy solicitor general, defended the way his state’s Franchise Tax Board decides whether certain limited liability companies from Arizona are effectively doing business in California. That determines whether they are subject to California’s $800 minimum “doing business” tax.

But Patashnik told the justices they need not even decide whether the California statutes are fair and legal as applied.

He said anyone unhappy with the assessment has a variety of ways to appeal a decision of the Franchise Tax Board, both before the tax is paid and afterward.


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