In this episode of the GeTtin’ SALTy podcast, host Nikki Dobay is joined by Greenberg Traurig colleagues Brad Marsh and Jennifer Vincent to discuss a significant recent victory in the California Court of Appeal – First Appellate District: Xavier Garcia-Rojas v. Franchise Tax Board.

The case involved a Texas-based radiologist who performed all of his work from his home state yet faced California income tax assessments on his earnings from a contract with a California-based company.

Brad and Jen walk through the factual background of the case, explain how the Franchise Tax Board attempted to apply the unitary business principle to a sole proprietor conducting a single business activity, and describe why the Court of Appeal rejected that theory.

The episode includes a practical note for practitioners: non-resident individuals who have been assessed California tax under the Bindley framework may now have strong grounds to file refund claims in light of this decision.

They wrap up the discussion with a lighthearted round of concert recommendations.

View all GeTtin’ SALTy Podcast Episodes

 

Photo of Nikki E. Dobay Nikki E. Dobay

Nikki Dobay is nationally known for her deep experience and understanding of state tax policy and the legislative process. She also advises her clients on sophisticated multistate tax issues as well as the consequences and planning opportunities related to corporate M&A transactions and…

Nikki Dobay is nationally known for her deep experience and understanding of state tax policy and the legislative process. She also advises her clients on sophisticated multistate tax issues as well as the consequences and planning opportunities related to corporate M&A transactions and oversees state and local tax controversy matters, ranging from audits to appellate litigation, and involving sales and use taxes, income and franchise taxes, property taxes, and constitutional issues.

Nikki regularly engages with statewide business and taxpayer associations and departments of revenue, as well as national tax administrator organizations, including the Federation of Tax Administrators (FTA), the Multistate Tax Commission (MTC), and the National Conference of State Legislatures (NCSL), on key SALT issues impacting multijurisdictional taxpayers.

Nikki’s previous experience includes spending five years as senior tax counsel for the Council On State Taxation (COST). She also gained experience working in the national office of a Big Four accounting firm and at a large international law firm and a large corporate law firm in Oregon, where she assisted clients with multistate tax issues and Oregon tax controversy matters, including proceedings in the Oregon Tax Court.

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Photo of Bradley R. Marsh Bradley R. Marsh

Bradley R. Marsh is Co-Managing Shareholder of the San Francisco office and focuses his practice on tax controversy matters, including property, sales, payroll, business license, employment, franchise, parcel, district, documentary transfer, transient occupancy, utility user, income, parking, gift and estate taxes. He serves…

Bradley R. Marsh is Co-Managing Shareholder of the San Francisco office and focuses his practice on tax controversy matters, including property, sales, payroll, business license, employment, franchise, parcel, district, documentary transfer, transient occupancy, utility user, income, parking, gift and estate taxes. He serves as a co-chair of the State and Local Tax (SALT) Practice. Brad represents clients in audits, litigation and administrative hearings, as well as analyzing transactions and business models, and developing strategies for legislative resolutions.

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Photo of Jennifer A. Vincent Jennifer A. Vincent

Jennifer A. Vincent focuses on federal and state tax controversies and litigation. Ms. Vincent represents both individuals and companies in proceedings before the Internal Revenue Service and before California taxing authorities, including the Franchise Tax Board and the California Department of Tax and…

Jennifer A. Vincent focuses on federal and state tax controversies and litigation. Ms. Vincent represents both individuals and companies in proceedings before the Internal Revenue Service and before California taxing authorities, including the Franchise Tax Board and the California Department of Tax and Fee Administration. She also assists clients with compliance counseling for both federal and state-based tax issues.

Ms. Vincent has considerable experience in defending clients in federal offshore audits and income tax examinations and in California income, sales and use tax, and property tax matters.

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