Legal Department - Franchise and Income Tax Formal Legal Opinions
Keyword Index

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A
ABUSE OF DISCRETION
ACCOUNTING METHODS
ACCOUNTING METHODS - CHANGE IN PERIOD OR METHOD
ACCRUAL - NONRESIDENCY
ADEQUACY OF NOTICE
ADJUSTED GROSS INCOME
ADVANCE PAYMENTS
ALIMONY
ALIMONY V. CHILD SUPPORT
ALIMONY V. PROPERTY SETTLEMENT
AMORTIZATION
APPEAL PROCEDURE
APPORTIONMENT - INDIVIDUAL
APPORTIONMENT - PRE-UDITPA
ASSESSMENT/ASSESS
ASSIGNMENT OF INCOME

B
BACK PAY
BAD DEBT (see DEDUCTION - BAD DEBT)
BAD DEBT RESERVE
BANKRUPTCY
BANKS & FINANCIAL CORPORATIONS
BASIS
BURDEN OF PAYMENT
BURDEN OF PROOF
BURDEN OF PROOF - DEDUCTIONS
BURDEN OF PROOF - FEDERAL ACTION
BURDEN OF PROOF - PENALTIES
BUSINESS ACTIVITY
BUSINESS EXPENSE
BUSINESS LOSS
BUSINESS/NONBUSINESS INCOME
BUSINESS TRUST

C
CALIFORNIA METHOD
CALIFORNIA SOURCE INCOME
CANCELLATION OF DEBT
CAPITAL GAIN
CAPITAL GAIN / LOSS
CAPITAL LOSS LIMITATION
CAPITALIZED EXPENSES
CARRYOVER / CARRYBACK
CASUALTY LOSS (see DEDUCTION –CASUALTY/THEFT LOSS)
CHARACTER OF GAIN
CHARITABLE CONTRIBUTIONS – AMOUNT (see DEDUCTION – CHARITABLE CONTRIBUTIONS)
CHARITABLE CONTRIBUTIONS – CHARITABLE INTENT
CHARITABLE ORGANIZATION
CLAIM OF RIGHT DOCTRINE
CLOSELY HELD CORPORATIONS
COHAN RULE
COLLATERAL ESTOPPEL
COMBINED REPORT
COMMENCING CORPORATION
COMMUNITY PROPERTY
COMPENSATION – REASONABLE V. UNREASONABLE
CONSTITUTIONAL / UNCONSTITUTIONAL
CONSTITUTIONALITY OF STATUTE
CONSTRUCTIVE DIVIDEND
CONSTRUCTIVE RECEIPT
CONTRIBUTION TO CAPITAL
CONVERSION TO RENTAL PROPERTY / DEDUCTION OF LOSS ON SALE
COOPERATIVE ASSOCIATIONS
CORPORATE LIQUIDATIONS
CORPORATION – COMMENCING
CORPORATION ORGANIZATION & REORGANIZATIONS
COST OF GOODS SOLD
COST-PLUS CONTACTS
COVENANT NOT TO COMPETE
CREDIT UNIONS
CREDIT – ENERGY CONSERVATION
CREDIT – ENTERPRISE ZONE
CREDIT – MIC (see MANUFACTURERS INVESTMENT CREDIT)
CREDIT – OTHER STATE TAXES (see OTHER STATE TAXES)
CREDIT – RENTERS
CREDIT – SOLAR
CREDITS – GENERAL
CREDITS – TAXES PAID

D
DEDUCTION – ABANDONMENT LOSS
DEDUCTION – ALIMONY
DEDUCTION – BAD DEBT
DEDUCTION – BUILDING EXPENSES
DEDUCTION – BUSINESS EXPENSE
DEDUCTION – CASUALTY / THEFT LOSS (see CASUALTY LOSS)
DEDUCTION – CHARITABLE CONTRIBUTION (see CHARITABLE CONTRIBUTIONS – AMOUNT)
DEDUCTION – COMPENSATION
DEDUCTION – DEPENDENT CARE
DEDUCTION – DIVIDENDS RECEIVED
DEDUCTION – GENERAL
DEDUCTION – HOBBY LOSS (see HOBBIES)
DEDUCTION – HOME OFFICE
DEDUCTION – IRA (see INDIVIDUAL RETIREMENT ACCOUNTS)
DEDUCTION – LEGAL FEES
DEDUCTION – MEDICAL EXPENSE
DEDUCTION – MOVING EXPENSES
DEDUCTION – TAXES PAID
DEDUCTION – TRAVEL EXPENSE
DEDUCTIONS – GENERAL
DEDUCTION FOR REASONABLE COMPENSATION
DEFERRAL OF INCOME OF LOSS
DEFERRED COMPENSATION
DEPENDENT EXEMPTIONS
DEPLETION
DEPRECIATION / AMORTIZATION
DISGUISED DIVIDEND
DISMISSAL OF APPEAL
DISTORTION
DISTORTION IN THE UNITARY APPORTIONMENT FORMULA
DISTRIBUTABLE NET INCOME
DIVIDENDS RECEIVED/DIVIDEND INCOME
DOING BUSINESS
DOING BUSINESS IN CALIFORNIA
DOMICILE – COMMERCIAL
DOMICILE – INDIVIDUAL
DOUBLE TAXATION
DUE PROCESS
DUTY DAYS / WORKING DAYS
DUTY TO FILE RETURN

E
ECONOMIC SUBSTANCE
EDUCATION EXPENSE
EFFECTIVE DATE OF STATUTE
EMPLOYEE V. INDEPENDENT CONTRACTOR
EMPLOYEE – STATUTORY V. COMMON LAW
EMPLOYMENT BENEFITS
ENERGY CONSERVATION (see CREDIT – ENERGY CONSERVATION)
EQUITABLE ESTOPPEL
EQUITABLE RECOUPMENT
ERRONEOUS REFUNDS
ESTATES
ESTIMATED TAX PENALTY (see PENALTY – ESTIMATED TAX)
EXEMPT INCOME
EXEMPT INTEREST / DIVIDEND
EXEMPTION CREDIT
EXPENSES – ALLOCATION
EXPENSES – ATTORNEY’S FEES
EXPENSES – EXEMPT INCOME
EXPENSES – ORDINARY V. CAPITAL
EXPENSES – PERSONAL V. BUSINESS

F
FAIR MARKET VALUE (see VALUATION)
FAMILY TRUST
FARM LOSS
FEDERAL ACTION
FILING STATUS – GENERAL
FINAL FEDERAL DETERMINATION
FOREIGN CORPORATION – RIGHT TO APPEAL
FRANCHISE TAX – COMPUTATION
FRANCHISE TAX BOARD – ACTIONS / RULINGS
FRANCHISE TAX BOARD – ACTIONS / RULINGS – WEIGHT
FRAUD
FRIVOLOUS ARGUMENTS
FUNCTIONAL / TRANSACTIONAL TESTS

G
GAIN – ORDINARY V. CAPITAL
GAIN OR LOSS – GENERAL
GAMBLING LOSS
GIFTS
GOODWILL
GRANTS / SCHOLARSHIPS
GROSS INCOME
GUARANTY / GUARANTEE

H
HEAD OF HOUSEHOLD
HEAD OF HOUSEHOLD – FOSTER CHILD
HOBBIES (see DEDUCTION – HOBBY LOSS)
HOLDING COMPANY
HOMEOWNER & RENTER PROPERTY TAX ASSISTANCE

I
ILLEGAL ACTIVITIES
INCOME – ESTIMATED BY FRANCHISE TAX BOARD
INCOME ALLOCATION
INCOME AVERAGING
INCOME FROM INTANGIBLES
INCOME IN RESPECT OF A DECEDENT
INCOME V. RETURN OF CAPITAL
INDIVIDUAL RETIREMENT ACCOUNTS
INDIVIDUAL RETIREMENT ACCOUNTS – CONTRIBUTIONS
INDIVIDUAL RETIREMENT ACCOUNTS – DISTRIBUTIONS
INDIVIDUAL RETIREMENT ACCOUNTS – ROLLOVERS
INFORMATION RETURNS
INHERITANCE
INNOCENT SPOUSE
INSTALLMENT SALES
INSURANCE COMPANIES / SUBSIDIARIES
INTANGIBLE PERSONAL PROPERTY
INTERCOMPANY DIVIDENDS
INTEREST – ABATEMENT
INTEREST – COMPUTATION
INTEREST – IMPOSITION
INTEREST – SUSPENSION
INTEREST EXPENSE / INTEREST OFFSET
INTEREST INCOME
INTERSTATE COMMERCE
INVENTORIES
INVOLUNTARY CONVERSIONS
IRA (see INDIVIDUAL RETIREMENT ACCOUNTS)

J
JEOPARDY ASSESSMENTS
JOINT AND SEVERAL LIABILITY
JOINT RETURNS
JOINT VENTURES
JOYCE / FINNIGAN
JURISDICTION

L
LACHES
LAST-KNOWN ADDRESS RULE
LATE FILING PENALTY (see PENALTY - LATE FILING)
LATE PAYMENT PENALTY(see PENALTY – LATE PAYMENT)
LAWSUIT PROCEEDS
LEASE
LEASE V. CONDITIONAL SALE
LIKE-KIND EXCHANGE
LIMITED PARTNERSHIP
LOAN OR CONTRIBUTION TO CAPITAL
LOAN – RECOURSE / NONRECOURSE
LOAN V. CAPITAL CONTRIBUTION
LOAN V. DIVIDEND
LOAN V. INCOME
LOSS - SITUS
LOSSES – GENERAL
LOSSES – ORDINARY V. CAPITAL
LOSSES – YEAR SUSTAINED

M
MAIL – TIMELINESS / POSTMARK / PRESUMPTIONS
MANUFACTURERS INVESTMENT CREDIT
MANUFACTURERS INVESTMENT CREDIT – QUALIFIED COST
MANUFACTURERS INVESTMENT CREDIT – QUALIFIED PROPERTY
MANUFACTURERS INVESTMENT CREDIT – QUALIFIED TAXPAYER
MANUFACTURERS INVESTMENT CREDIT – TANGIBLE PERSONAL PROPERTY
MEMBERSHIP ORGANIZATION
MIC (see MANUFACTURERS INVESTMENT CREDIT)
MICHIGAN SINGLE BUSINESS TAX
MINIMUM TAX (see CORPORATION MINIMUM TAX)
MINORS
MORTGAGE INTEREST (see DEDUCTION – MORTGAGE INTEREST)
MOVING EXPENSES (see DEDUCTION – MOVING EXPENSES)

N
NEGLIGENCE (see PENALTY – NEGLIGENCE)
NET INCOME – COMPUTATION
NET OPERATING LOSS
NEW ISSUE ON APPEAL
NEXUS
NON-CALIFORNIA SOURCE INCOME
NON-FILER
NONPROFIT ORGANIZATION
NONRESIDENT
NOTE - AT RISK / RECOURSE / NONRECOURSE / VALUE / GUARANTY
NOTICE AND DEMAND (see PENALTY – NOTICE AND DEMAND)
NOTICE OF ACTION (NOA)
NOTICE OF PROPOSED ASSESSMENT (NPA)

O
OPTIONS
ORDINARY V. CAPITAL LOSS / GAIN
ORIGINAL ISSUE DISCOUNT (OID)
OTHER STATE TAXES (see CREDIT – OTHER STATE TAXES)

P
PARTNERSHIPS
PART-YEAR RESIDENTS
PASSIVE ACTIVITY
PAYMENT OF TAX
PAYROLL FACTOR
PENALTY – ESTIMATED TAX
PENALTY – FRAUD
PENALTY – FRIVOLOUS APPEAL
PENALTY – LATE FILING
PENALTY – LATE PAYMENT
PENALTY – MISCELLANEOUS
PENALTY – NEGLIGENCE
PENALTY – NOTICE AND DEMAND
PENSION PLANS
PENSION PLANS/QUALIFIED PLANS (see DEFERRED COMPENSATION)
PERSONAL EXPENSE
PETITION FOR REHEARING
PIERCING THE CORPORATE VEIL
PREFERENCE TAX / INCOME
PREPAID EXPENSES
PRESUMPTION OF CORRECTNESS
PROPERTY FACTOR
PROSPECTIVE APPLICATION – NEW LAW / DECISIONS
PROPERTY SETTLEMENT
PUBLIC LAW 86-272

Q
QUALIFIED TO DO BUSINESS IN CALIFORNIA

R
REAL PROPERTY
REASONABLE CAUSE
REASONABLE CAUSE – PENALTY ABATEMENT
REASONABLE CAUSE – PENALTY ASSESSMENT
REFUNDS
REFUND – GENERAL
REFUND CLAIMS
REFUND CLAIMS - DEEMED DENIAL
RELATED-PARTY TRANSACTIONS
RENTAL INCOME
RENTERS CREDIT (see CREDIT – RENTERS)
RES JUDICATA
RESEARCH / DEVELOPMENT EXPENSE
RESIDENCY
RETAINED EARNINGS
RETIREMENT CONTRIBUTIONS
RETROACTIVE APPLICATION – LAW / DECISION
RETURNS ROLLOVER OF GAIN ON SALE OF PRINCIPAL RESIDENCE

S
S - CORPORATIONS
SALE V. LEASE
SALES FACTOR
SALES FACTOR – THROWBACK / THROW BACK
SAVINGS AND LOAN ASSOCIATION
SELF-INCRIMINATION
SETTLEMENT
SETTLEMENT AGREEMENTS
SHAM TRANSACTION
SMALL BUSINESS STOCK
SOLVENCY
STANDARD OF REVIEW
START-UP EXPENSE
STATE DISABILITY INSURANCE
STATUTE OF LIMITATIONS
STATUTE OF LIMITATIONS – ASSESSMENTS
STATUTE OF LIMITATIONS – FEDERAL CHANGE
STATUTE OF LIMITATIONS – GENERAL
STATUTE OF LIMITATIONS – REFUNDS
STATUTE OF LIMITATIONS – TOLLING
STATUTE OF LIMITATIONS – WAIVERS
STATUTORY CONSTRUCTION
STEP TRANSACTION DOCTRINE
SUBSTANCE V. FORM
SUBSTANDARD HOUSING
SURPLUS MEMBER SAVINGS CAPITAL
SUSPENDED CORPORATION
SUSPENDED DOMESTIC CORPORATION

T
TANGIBLE PERSONAL PROPERTY
TAX BENEFIT RULE
TAX COMPUTATION
TAX-EXEMPT ORGANIZATION
TAX SHELTERS
TAX TREATY
TAXABLE INCOME
TAX YEAR / FISCAL YEAR
TAXES PAID
THEFT LOSS (see DEDUCTION – CASUALTY/THEFT LOSS)
TRANSFER OF TAX LIABILITY
TRUSTS – ABUSIVE
TRUSTS – GENERAL

U
UDITPA (see UNITARY BUSINESS)
UNITARY BUSINESS – APPORTIONMENT
UNITARY BUSINESS – COMBINATION
UNITARY BUSINESS – CREDITS
UNITARY BUSINESS – DISTORTION
UNITARY BUSINESS – DIVERSE LINES OF BUSINESS
UNITARY BUSINESS – GENERAL
UNITARY BUSINESS – INSTANT UNITY
UNITARY BUSINESS – INTRASTATE
UNITARY BUSINESS – MONSANTO DOCTRINE
UNITARY BUSINESS – OWNERSHIP

V
VALID TAX RETURN
VALUATION (see FAIR MARKET VALUE)
VALUE ADDED TAX
VOLUNTARY COMPLIANCE INITIATIVE

W
WATERS EDGE ELECTION
WITHHOLDING
WORKING CAPITAL
WORTHLESS STOCK LOSS

Y
YEAR OF INCLUSION/TIMING OF INCOME RECOGNITION

Z
ZERO RETURNS