57 Cited authorities

  1. Harper v. Virginia Dept. of Taxation

    509 U.S. 86 (1993)   Cited 955 times   11 Legal Analyses
    Holding that the Supreme Court’s "application of a rule of federal law to the parties before the Court requires every court to give retroactive effect to that decision"
  2. Nollan v. California Coastal Comm'n

    483 U.S. 825 (1987)   Cited 925 times   75 Legal Analyses
    Holding that for a development exaction to be constitutional, there must be an "essential nexus" between the valid state interest and the permit condition
  3. McKesson Corp. v. Division of Alcoholic Beverages & Tobacco

    496 U.S. 18 (1990)   Cited 488 times   3 Legal Analyses
    Holding that the due process clause obligates states to "provide meaningful backward-looking relief to rectify any unconstitutional deprivation" resulting from a tax statute
  4. Loeffler v. Target Corp.

    58 Cal.4th 1081 (Cal. 2014)   Cited 246 times   2 Legal Analyses
    Holding that an alleged overcollection of tax could not serve as a predicate for a California consumer protection claim when a business acted in conformity with governing taxing statutes
  5. United States v. New Mexico

    455 U.S. 720 (1982)   Cited 202 times
    Holding that similar contracts between the Government and a private contractor pertaining to construction and repair work at a nuclear facility did not make contractors "instrumentalities" or "alter ego" of the Government
  6. Golsen v. C.I.R

    445 F.2d 985 (10th Cir. 1971)   Cited 865 times   7 Legal Analyses
    Determining that the Tax Court must apply the law of the Court of Appeals to which an appeal for that case would later lie
  7. Hess v. Ford Motor Company

    27 Cal.4th 516 (Cal. 2002)   Cited 283 times   1 Legal Analyses
    Holding that the doctrine of mistake cannot be used to create a new contract between the parties
  8. Jensen v. Lane County

    222 F.3d 570 (9th Cir. 2000)   Cited 243 times
    Holding that a private physician, contracting with a county psychiatric hospital, was liable as a state actor but was not entitled to qualified immunity
  9. Reich v. Collins

    513 U.S. 106 (1994)   Cited 94 times   1 Legal Analyses
    Holding that a refund to taxpayer was mandated for equal treatment violation
  10. Myers v. Philip Morris Companies, Inc.

    28 Cal.4th 828 (Cal. 2002)   Cited 223 times   2 Legal Analyses
    Explaining that unless a California statute contains an express retroactivity provision, it will not be applied retroactively unless it is clear from extrinsic sources that the legislature intended it to be applied retroactively
  11. Section 7

    Cal. Const. art. I § 7   Cited 2,117 times   5 Legal Analyses
    Guaranteeing due process and equal protection
  12. Section 19

    Cal. Const. art. I § 19   Cited 619 times   4 Legal Analyses
    Taking property without just compensation
  13. Section 32

    Cal. Const. art. XIII § 32   Cited 159 times   1 Legal Analyses

    No legal or equitable process shall issue in any proceeding in any court against this State or any officer thereof to prevent or enjoin the collection of any tax. After payment of a tax claimed to be illegal, an action may be maintained to recover the tax paid, with interest, in such manner as may be provided by the Legislature. Cal. Const. art. XIII § 32

  14. Section 6051 - Tax imposed on privilege of selling tangible personal property at retail

    Cal. Rev. & Tax. Code § 6051   Cited 129 times   2 Legal Analyses
    Stating that tax is imposed on retailer
  15. Section 6012 - "Gross receipts" defined

    Cal. Rev. & Tax. Code § 6012   Cited 43 times
    Defining gross receipts for sales and use tax purposes as "the total amount of the sale or lease or rental price," without deduction for the cost of the property sold
  16. Section 1656.1 - Addition of sales tax reimbursement to sales price

    Cal. Civ. Code § 1656.1   Cited 28 times
    Establishing a presumption that a customer agrees to "reimburse" the retailer for the sales tax if, among other possibilities, the amount of the tax is shown on the customer's receipt