California Court of Appeal

In a appeal from a judgment of the trial court in a tax refund action against plaintiff on a dividend ordering issue, but in plaintiff's favor on a disputed interest deduction challenge and denying it attorney's fees, Revenue and Taxation Code section 19717(a)3 and Code of Civil Procedure section 1021.5, judgment is affirmed where: 1) plaintiff's dominant purpose in borrowing subject funds, and the actual use of those funds, was to support, and was allocable to, its domestic taxable income-producing activities; and 2) the denial of attorney's fees was not an abuse of discretion.

Appellate Information

• Decided 09/12/2011
• Published 09/12/2011

Judges

• Bruiniers

Court

• California Court of Appeal

Counsel