Laws, Regulations & Annotations
Business Taxes Law Guide – Revision 2017
Sales And Use Tax Court Decisions
Industrial Asphalt v. State Board of Equalization . . . (1992)
The taxpayers formed a partnership and transferred assets to the partnership, including tangible personal property. The partnership assumed the liabilities of the taxpayers. The issue was whether the partnership's assumption of liabilities was consideration for the assets transferred to the partnership.
The court of appeals held that assumption of liabilities is consideration, and therefore, a sale occurred. Under Regulation 1595(b)(4), the transaction was subject to tax. Industrial Asphalt v. State Board of Equalization (1992) 5 Cal.App.4th 1237.