California Court of Appeal

General Mills v. Franchist Tax Board, A120492

In a dispute over the proportion of total business income that is subject to California taxation, denial of plaintiff's claims for refund is vacated and remanded where the full sales price of plaintiff's futures contracts are gross receipts within the meaning of the Uniform Division of Income for Tax Purposes Act sales factor.

Appellate Information

• Decided 04/15/2009
• Published 04/15/2009

Judges

• STEVENS, J.*

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Morrison & Foerster LLP, Andres Vallejo, Scott M. Reiber, San Francisco, Paul H. Frankel, New York, NY, for Plaintiffs and Appellants.


• For Appellees:
  
• Attorney General of the State of California, Edmund G. Brown Jr., Supervising Deputy Attorney General, Randall P. Borcherding, Deputy Attorney General, Joyce E. Hee, for Defendant and Respondent.