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Limitations Period - California State Personal Income Tax Deficiency Not Revived by Belated Federal Tax Adjustments.

Publication: Mondaq Business Briefing
Publication Date: 08-OCT-04 		Format: Online - approximately 926 words
Delivery: Immediate Online Access

Article Excerpt
The Court of Appeal of the State of California recently concluded that a taxpayer's state personal income tax deficiency may not be revived by belated federal tax adjustments. See Ordlock v. Franchise Tax Bd., No. B169465 (2nd App. Dist. July 28, 2004).1

Facts

In May 1984, the taxpayers, as husband and wife, filed joint federal and state tax returns for the 1983 tax year. The California Franchise Tax Board ("FTB") never audited the taxpayers' 1983 state tax return or took any action to extend the four-year limitations period. In 1994 and 1996, the IRS issued reports of income tax examination changes for the 1983 tax year. The taxpayers did not report those changes to FTB. In May 1998, FTB issued against the taxpayers a notice of proposed assessment for the 1983 tax year.

Issue Presented

The issue presented...

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