A strong editorial urging approval of the West Valley enterprise zone appears in today’s Desert Sun.  Read it here.

Cal-Tax has been asked to participate as amicus before the California Supreme Court in support of respondent Dicon Fiberoptics, Inc. on the merits of Dicon Fiberoptics, Inc. v. Franchise Tax Board. In that case the lower court sustained the FTB’s demurrer in a tax refund lawsuit arising out of a claim for enterprise zone hiring credits. The FTB claimed that because the taxpayer could not produce underlying documentation in support of its vouchers entitling it to hiring credits, the taxpayer could not state a cause of action.

Dicon Fiberoptics appealed to the Second District, claiming that the FTB did not have the right to audit the voucher once issued. The court held that FTB was entitled to audit the voucher, but that the voucher was prima facie evidence that an employee is a qualified worker for the purpose of the hiring credit and the voucher shifts the burden to the FTB to prove that the worker is not qualified. The California Supreme Court has granted review.

This is an important case because the only other case on the issue is Appeal of Deluxe Corporation, a BOE decision that held the FTB has the authority to audit vouchers, and statutes granting FTB authority to examine and audit tax returns bear no exception for decisions by other governmental bodies, such as zone coordinators that issue vouchers. It is important that a Supreme Court decision on this issue be favorable to taxpayers and that it decline to rule that FTB has unlimited authority to require voucher documentation from the taxpayer.