Filed: 1/18/01
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
|
CERIDIAN CORPORATION, Plaintiff and Respondent, v. FRANCHISE TAX BOARD, Defendant and Appellant. |
A084298 (San Francisco County Super. Ct. No. 983-377) ORDER DENYING PETITION FOR REHEARING AND MODIFYING OPINION [NO CHANGE IN JUDGMENT] |
THE COURT:
The petition for rehearing is denied. It is ordered that the opinion filed herein on December 21, 2000, be modified in the following particular:
On page 15, the disposition paragraph (Part III, Conclusion and Disposition) should read:
"We hold that Revenue and Taxation Code section 24410 is an unconstitutional enactment in that it violates the commerce clause both by allowing a deduction for insurance subsidiary dividends only to corporations domiciled in California, and in limiting the amount of the deduction according to a formula based on the subsidiary’s gross receipts, payroll and property within the state. The trial court’s judgment invalidating the statute and awarding Ceridian the stipulated amount of tax refund is affirmed."
Dated: ____________________________ P. J.