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Re: San Jose v. Ruthroff and Englekirk

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Mark E. Deardorff wrote:

I did a Google search and found a document that includes this case. It is a PDF from the City of Los Angeles about local taxes. The case is on page 141.

 

Mark E. Deardorff, Structural Engineer
Burkett & Wong
San Diego, CA

Thanks Mark,
Englekirk was the key and I found the same document on the Internet. I took out pages 141 thru 146 and will save these for other engineers who need the information. This issue keeps popping up and it bothers me because it always becomes a waste of time to keep searching.

For those of you on the SEAINT list, if you have had any city object to this case and attempt to collect a multiple tax from you, please let me know how you addressed the issues.

The basic issue is that the attempt to collect a business tax license in a city other than that which you currently pay to operate a businss (and have paid for a business tax license) is a multiple taxation issue that the California Supreme Court has ruled against. San Jose v. Ruthroff & Englekirk  set a precedence that helps other engineers (and architects) who do design or reports constructed for clients in other cities to fight multiple taxation issues.

Please let me know of any cases in which you presented this information but was still required to purchase a business tax license or was charged a penalty for not having filed for a business tax license. You can post it on the SEAINT List and please add me as a Cc to your e-mail so that I obtain the information quickly. Please do this because I have not had the time to review my digest of past SEAINT List posts.

Mark - thank you my friend, I really appreciate the fast response and your help. The link to the site that mark found and sent me the pdf file is: http://www.lacity.org/finance/pdf/CourtCases/AllCourtCases.pdf . The pages that reference this case is 141 through 146.

Sincerely,
Dennis S. Wish, PE
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