California Court of Appeal

Summary judgment in favor of defendant, on trustee's claim for property tax refund on real property held by a testamentary trust, is affirmed since when an income beneficiary of the trust dies and is succeeded by another income beneficiary, there is a change in ownership under Taxation Code section 60, as the death caused a transfer of the property's primary economic value to the successor beneficiary, who acquired a present beneficial interest in the property.

Appellate Information

• Decided 08/29/2006
• Published 08/29/2006

Judges

• McGUINESS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Reid, Axelrod, McCormack, Griffis & Ruane, Peter Axelrod, Virginia C. McCormack, San Rafael;  and Philip A. Gunning, Thousand Oaks, for Plaintiff and Appellant.


• For Appellees:
  
• Dennis J. Herrera, City Attorney, Julie Van Nostern, Chief Tax Attorney, Peter J. Keith and Carol A. Boardman, Deputy City Attorneys, for Defendants and Respondents.