Constitutional Law

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News & Analysis as of May 23, 2013

The State Of California Seeks Back Taxes From Small-Business Shareholder- Not So Fast

by Anthony Diosdi | Moskowitz LLP on 2/14/2013

A closer look at federal constitutional case law would seem to indicate that the State of California may not find it so easy to seek refunds plus interest after all....more

California’s Attempt to Retroactively Tax its Residents

by Marty Dakessian, Kyle O. Sollie | Reed Smith on 2/12/2013

In Cutler v. Franchise Tax Board, a case litigated by Reed Smith, a California Court of Appeal held that the California property and payroll requirements of California’s Qualified Small Business Stock provisions were invalid....more

FTB issues Notice to Retroactively Deny "Qualified Small Business Stock" Tax Benefits. Amended Returns Should be Filed.

by Matthew Richardson | Sheppard Mullin Richter & Hampton LLP on 12/28/2012

A California appellate court recently held as unconstitutional the California statutes extending the benefits of selling “qualified small business stock” (QSBS) to California taxpayers. In Cutler v. Franchise Tax Board (2012)...more

What is Mortgage Securitization

by Bankruptcy Lawsuit on 5/1/2011

Plaintiff’s loan references a “Secondary market” securitized mortgage backed asset that is comprised almost entirely of securization structures related which is to a “Trust”. Thus the reference...more

Legislative Session Now Ended (Almost)

by Allen Matkins Leck Gamble Mallory & Natsis... on 9/1/2010

Yesterday was the end of the current legislative biennium. Under the California Constitution and legislative rules, this means that any bill not passed before today is now dead. Cal. Cons. Art. IV, § 10(c), Legislative Joint...more