Employer's $1.1M Suit Over Tax Credits Remanded

Law360, New York (May 8, 2009, 12:00 AM EDT) -- Dicon Fiberoptics Inc. adequately pleaded its claim that California's Franchise Tax Board improperly wielded its audit power when it denied the company $1.1 million in tax credits for hiring disadvantaged workers, an appeals court has ruled.

Thursday's decision in the Court of Appeal of the State of California remands the optical component maker's tax and hiring case to the Los Angeles County Superior Court for further proceedings.

The appeals court also shifted the burden of proof to the tax board in auditing vouchers submitted by the...
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