Court Grants Summary Judgment for Taxpayers in California Technology Transfer Agreement Case
DALLAS, Oct. 2, 2013 /PRNewswire/ -- On September 27, 2013, Los Angeles Superior Court Judge Steven Kleinfield ruled in the taxpayers' favor, granting their motion for summary judgment in the case of Lucent Technologies, Inc. et al. v. State Board of Equalization. [Lucent Technologies, Inc. v. California State Bd. of Equal. (Cal. Ct. App. September 27, 2013)]. This motion was granted in response to an action brought by the taxpayers for the refund of sales and use taxes assessed by the State Board of Equalization on what the Judge ruled to be technology transfer agreements.
Finding several factual similarities, the court relied heavily on the analysis set forth in Nortel Networks Inc. v. California State Board of Equalization. [Nortel Networks Inc. v. California State Bd. of Equal. No. B213415 (Cal. App. Ct. January 18, 2011)]. In its opinion, the court concluded that there were no triable issues of fact and found, among other things, that the software in question qualified as exempt under the technology transfer agreement statutes. The issue of prejudgment interest was left outstanding due to its absence from the briefs submitted, but a hearing on this issue has been scheduled for November 18, 2013.
Ryan is an award-winning global tax services firm, with the largest indirect and property tax practices in North America and the seventh largest corporate tax practice in the United States. Headquartered in Dallas, Texas, the Firm provides a comprehensive range of state, local, federal, and international tax advisory and consulting services on a multi-jurisdictional basis, including audit defense, tax recovery, credits and incentives, tax process improvement and automation, tax appeals, tax compliance, and strategic planning. Ryan is a three-time recipient of the International Service Excellence Award from the Customer Service Institute of America (CSIA) for its commitment to world-class client service. Empowered by the dynamic myRyan work environment, which is widely recognized as the most innovative in the tax services industry, Ryan's multi-disciplinary team of more than 1,600 professionals and associates serves over 9,000 clients in 40 countries, including many of the world's most prominent Global 5000 companies. More information about Ryan can be found at www.ryan.com.
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