2024 Precedential Business Tax Opinions

Decisions Month Year Cite Decision Type Issues
F. Landeros, dba Landeros FurnitureDecember20242024-OTA-655PPending PrecedentialOTA jurisdiction (constitutional rights); payment of criminal restitution not satisfy civil liability; laches inapplicable; unreported taxable sales (furniture store); 25 percent (fraud) penalty (R&TC 6485)
Cities of Fillmore, Los Angeles, Ontario, Palm Springs, San Diego, San Jose, and County of SacramentoDecember20242024-OTA-633PPending PrecedentialLocal tax reallocated (use tax is applicable because retailer's office was not "place of business" that "participated in sales") (R&TC 6051, 6401; Reg. 1620, 1802); latches inapplicable
Specialized Orthopedic SolutionsOctober20242024-OTA-463PPending PrecedentialDefinition of medicines; definition of orthotic device (R&TC 6369; Reg. 1591); weight afforded to Sales and Use Tax Annotations
Ajay Beri CorporationSeptember20242024-OTA-385PPrecedentialWhether OTA is prohibited from granting refund of criminal restitution proceeds (R&TC 7157); statute of limitations for CDTFA to issue NOD (R&TC 6487); unreported taxable sales (Subway franchises); whether court-ordered criminal restitution payments bar CDTFA from issuing NODs for period in plea agreement; weight to give evidence (plea of guilty to felony tax evasion).
M. Riedel - PFR OpinionJanuary20242024-OTA-004PPrecedentialStandard for granting petition for rehearing (insufficient evidence, contrary to law); application of payments.