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Taxonomy: CaliforniaRevenue And Taxation Code
Section 40 Of General Provisions From California Revenue And Taxation Code
40
. (a) (1) The board shall publish on its Internet Web site a
written formal opinion, a written memorandum opinion, or a written
summary decision for each decision of the board in which the amount
in controversy is five hundred thousand dollars ($500,000) or more,
within 120 days of the date upon which the board rendered its
decision.
(2) A decision of the board shall not include consent calendar actions taken by the board.
(b) Each formal opinion, memorandum opinion, and summary decision as described in subdivision (a) shall include all of the following:
(1) Findings of fact.
(2) The legal issue or issues presented.
(3) Applicable law.
(4) Analysis.
(5) Disposition.
(6) Names of adopting board members.
(c) (1) A board member may submit a dissenting opinion setting forth his or her rationale for disagreeing with the memorandum opinion or formal opinion.
(2) A board member may submit a concurring opinion setting forth the board member's rationale for agreeing with the result reached in the memorandum opinion or formal opinion, if different than the rationale set forth in the memorandum opinion or formal opinion.
(3) A dissenting opinion and a concurring opinion shall be published in the same manner as prescribed in subdivision (a) for a formal opinion or memorandum opinion.
(d) A formal opinion or memorandum opinion adopted by the board may be cited as precedent in any matter or proceeding before the board, unless the opinion has been depublished, overruled, or superseded. A summary decision may not be cited as precedent in any matter or proceeding before the board.
(2) A decision of the board shall not include consent calendar actions taken by the board.
(b) Each formal opinion, memorandum opinion, and summary decision as described in subdivision (a) shall include all of the following:
(1) Findings of fact.
(2) The legal issue or issues presented.
(3) Applicable law.
(4) Analysis.
(5) Disposition.
(6) Names of adopting board members.
(c) (1) A board member may submit a dissenting opinion setting forth his or her rationale for disagreeing with the memorandum opinion or formal opinion.
(2) A board member may submit a concurring opinion setting forth the board member's rationale for agreeing with the result reached in the memorandum opinion or formal opinion, if different than the rationale set forth in the memorandum opinion or formal opinion.
(3) A dissenting opinion and a concurring opinion shall be published in the same manner as prescribed in subdivision (a) for a formal opinion or memorandum opinion.
(d) A formal opinion or memorandum opinion adopted by the board may be cited as precedent in any matter or proceeding before the board, unless the opinion has been depublished, overruled, or superseded. A summary decision may not be cited as precedent in any matter or proceeding before the board.
