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24 California opinions name it 2 courts 1997–2021 1 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sinclair Paint Co. v. State Board of Equalizationgreen2 sentences2021(Farm Bureau, supra, 51 Cal.4th at pp. 436-437.) As the Supreme Court observed in Farm Bureau, “We have recognized that ‘ “tax” has no fixed meaning, and that the distinction between taxes and fees is frequently “blurred,” taking on different meanings in different contexts. [Citations.]’ ” (Farm Bureau, supra, 51 Cal.4th at p. 437 ; see also Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874 (Sinclair Paint).) Ordinarily taxes are imposed for revenue purposes and not in return for a specific benefit conferred or privilege granted. 2017To the extent fees exceed a reasonable amount in relation to the benefits or costs underlying their imposition, they are taxes. ( Sinclair Paint at p. 881, 64 Cal.Rptr.2d 447 , 937 P.2d 1350 ; Knox, supra , 4 Cal.4th at p. 142, fn. 15 , 14 Cal.Rptr.2d 159 , 841 P.2d 144 .) In the course of our analysis, we observed that, "[i]n general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted," and we looked to whether the primary purpose of a charge was to generate revenue. ( Sinclair Paint, supra , 15 Cal.4th at p. 874 , 64 Cal.Rptr.2 | 10 | 18 |
County of Fresno v. Malmstromgreen2 sentences2017Partnership v. City and County of San Francisco [(1987)] 199 Cal.App.3d [1498,] 1504; Terminal Plaza Corp. v. City and County of San Francisco (1986) 177 Cal.App.3d 892, 905 []; Mills v. County of Trinity (1980) 108 Cal.App.3d 656, 660 []; County of Fresno v. Malmstrom (1979) 94 Cal.App.3d 974, 983-984 [].) In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. 2017Partnership v. City and County of San Francisco [(1987)] 199 Cal.App.3d [1496,] 1504 [ 246 Cal.Rptr. 21 ]; Terminal Plaza Corp. v. City and County of San Francisco (1986) 111 Cal.App.3d 892, 905 [ 223 Cal.Rptr. 379 ]; Mills v. County of Trinity (1980) 108 Cal.App.3d 656, 660 [ 166 Cal.Rptr. 674 ]; County of Fresno v. Malmstrom (1979) 94 Cal.App.3d 974, 983-984 [ 156 Cal.Rptr. 777 ].) In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. | 4 | 4 |
United Business Commission v. City of San Diegogreen2 sentences2015(Sinclair Paint Co. [(1997) 15 Cal.4th 866 ,] 874 [the term ‘tax’ has ‘no fixed 6 meaning’]; see also Richmond v. Shasta Community Services Dist. (2004) 32 Cal.4th 409, 421 [defining ‘tax’ vis-à-vis ‘assessment’ in determining voter enactment requirements]; San Marcos Water Dist. [(1986) 42 Cal.3d 154 ,] 160–162 [defining taxable ‘fee’ vis-à- vis exempt ‘special assessment’ for purposes of public entity’s exemption from taxes]; United Business Com. v. City of San Diego (1979) 91 Cal.App.3d 156, 165 [defining ‘tax’ vis-à-vis ‘fee’ for purposes of determining municipality’s power to levy tax].) 2013(Sinclair Paint Co., supra, at p. 874 [the term “tax” has “no fixed meaning”]; see Richmond v. Shasta Community Services Dist. (2004) 32 Cal.4th 409, 421 [ 9 Cal.Rptr.3d 121 , 83 P.3d 518 ] (Richmond) [defining “tax” vis-a-vis “assessment” in determining voter enactment requirements]; San Marcos Water Dist., supra, at pp. 160-162 [defining taxable “fee” vis-á-vis exempt “special assessment” for purposes of public entity’s exemption from taxes]; United Business Com. v. City of San Diego (1979) 91 Cal.App.3d 156, 165 [ 154 Cal.Rptr. 263 ] [defining “tax” vis-a-vis “fee” for purposes of determini | 3 | 3 |
California Farm Bureau Federation v. State Water Resources Control Boardgreen2 sentences2021(Farm Bureau, supra, 51 Cal.4th at pp. 436-437.) As the Supreme Court observed in Farm Bureau, “We have recognized that ‘ “tax” has no fixed meaning, and that the distinction between taxes and fees is frequently “blurred,” taking on different meanings in different contexts. [Citations.]’ ” (Farm Bureau, supra, 51 Cal.4th at p. 437 ; see also Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874 (Sinclair Paint).) Ordinarily taxes are imposed for revenue purposes and not in return for a specific benefit conferred or privilege granted. 2021(Farm Bureau, supra, 51 Cal.4th at pp. 436-437.) As the Supreme Court observed in Farm Bureau, “We have recognized that ‘ “tax” has no fixed meaning, and that the distinction between taxes and fees is frequently “blurred,” taking on different meanings in different contexts. [Citations.]’ ” (Farm Bureau, supra, 51 Cal.4th at p. 437 ; see also Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874 (Sinclair Paint).) Ordinarily taxes are imposed for revenue purposes and not in return for a specific benefit conferred or privilege granted. | 2 | 4 |
Mills v. County of Trinitygreen2 sentences2017Partnership v. City and County of San Francisco [(1987)] 199 Cal.App.3d [1498,] 1504; Terminal Plaza Corp. v. City and County of San Francisco (1986) 177 Cal.App.3d 892, 905 []; Mills v. County of Trinity (1980) 108 Cal.App.3d 656, 660 []; County of Fresno v. Malmstrom (1979) 94 Cal.App.3d 974, 983-984 [].) In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. 2017Partnership v. City and County of San Francisco [(1987)] 199 Cal.App.3d [1496,] 1504 [ 246 Cal.Rptr. 21 ]; Terminal Plaza Corp. v. City and County of San Francisco (1986) 111 Cal.App.3d 892, 905 [ 223 Cal.Rptr. 379 ]; Mills v. County of Trinity (1980) 108 Cal.App.3d 656, 660 [ 166 Cal.Rptr. 674 ]; County of Fresno v. Malmstrom (1979) 94 Cal.App.3d 974, 983-984 [ 156 Cal.Rptr. 777 ].) In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. | 2 | 4 |
Shapell Industries, Inc. v. Governing Boardgreen2 sentences2017(Shapell Industries, Inc. v. Governing Board (1991) 1 Cal.App.4th 218, 240 []; County of Fresno v. Malmstrom, supra, 94 Cal.App.3d at p. 983 [‘Taxes are raised for the general revenue of the governmental entity to pay for a variety of public services.’].)” (Sinclair Paint, supra, 15 Cal.4th at p. 874 .) As noted in the quote above, in general taxes are imposed for revenue purposes, that is for “the general revenue of the governmental entity to pay for a variety of public services” quoting County of Fresno v. Malmstrom, supra, 94 Cal.App.3d at page 983 . 2017(Shapell Industries, Inc. v. Governing Board (1991) 1 Cal.App.4th 218, 240 , [ 1 Cal.Rptr.2d 818 ]; County of Fresno v. Malmstrom, supra, 94 Cal.App.3d at p. 983 [‘Taxes are raised for the general revenue of the governmental entity to pay for a variety of public services.’].)” (Sinclair Paint, supra, 15 Cal.4th at p. 874.) As noted in the quote above, in general taxes are imposed for revenue purposes, that is for “the general revenue of the governmental entity to pay for a variety of public services.” (County of Fresno v. Malmstrom, supra, 94 Cal.App.3d at p. 983.) The majority reasons that, b | 2 | 4 |
Terminal Plaza Corp. v. City & County of San Franciscogreen2 sentences2017Partnership v. City and County of San Francisco [(1987)] 199 Cal.App.3d [1498,] 1504; Terminal Plaza Corp. v. City and County of San Francisco (1986) 177 Cal.App.3d 892, 905 []; Mills v. County of Trinity (1980) 108 Cal.App.3d 656, 660 []; County of Fresno v. Malmstrom (1979) 94 Cal.App.3d 974, 983-984 [].) In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. 2017Partnership v. City and County of San Francisco [(1987)] 199 Cal.App.3d [1496,] 1504 [ 246 Cal.Rptr. 21 ]; Terminal Plaza Corp. v. City and County of San Francisco (1986) 111 Cal.App.3d 892, 905 [ 223 Cal.Rptr. 379 ]; Mills v. County of Trinity (1980) 108 Cal.App.3d 656, 660 [ 166 Cal.Rptr. 674 ]; County of Fresno v. Malmstrom (1979) 94 Cal.App.3d 974, 983-984 [ 156 Cal.Rptr. 777 ].) In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. | 2 | 4 |
Richmond v. Shasta Community Services Districtgreen2 sentences2015(Sinclair Paint Co. [(1997) 15 Cal.4th 866 ,] 874 [the term ‘tax’ has ‘no fixed 6 meaning’]; see also Richmond v. Shasta Community Services Dist. (2004) 32 Cal.4th 409, 421 [defining ‘tax’ vis-à-vis ‘assessment’ in determining voter enactment requirements]; San Marcos Water Dist. [(1986) 42 Cal.3d 154 ,] 160–162 [defining taxable ‘fee’ vis-à- vis exempt ‘special assessment’ for purposes of public entity’s exemption from taxes]; United Business Com. v. City of San Diego (1979) 91 Cal.App.3d 156, 165 [defining ‘tax’ vis-à-vis ‘fee’ for purposes of determining municipality’s power to levy tax].) 2013(Sinclair Paint Co., supra, at p. 874 [the term “tax” has “no fixed meaning”]; see Richmond v. Shasta Community Services Dist. (2004) 32 Cal.4th 409, 421 [ 9 Cal.Rptr.3d 121 , 83 P.3d 518 ] (Richmond) [defining “tax” vis-a-vis “assessment” in determining voter enactment requirements]; San Marcos Water Dist., supra, at pp. 160-162 [defining taxable “fee” vis-á-vis exempt “special assessment” for purposes of public entity’s exemption from taxes]; United Business Com. v. City of San Diego (1979) 91 Cal.App.3d 156, 165 [ 154 Cal.Rptr. 263 ] [defining “tax” vis-a-vis “fee” for purposes of determini | 2 | 2 |
Issac v. City of Los Angelesgreen2 sentences2008(See Isaac v. City of Los Angeles (1998) 66 Cal.App.4th 586, 596-597 [ 77 Cal.Rptr.2d 752 ] (Isaac).) In Isaac , the court described user fees as “those which are charged only to the person actually using the service; the amount of the charge is generally related to the actual goods or services provided.” (Id. at p. 597.) Thus, a user fee is “payment for a specific commodity purchased.” (Ibid/, see also Utility Audit Co., Inc. v. City of Los Angeles (2003) 112 Cal.App.4th 950, 957 [ 5 Cal.Rptr.3d 520 ] [sewer service fees].) Despite these classifications, a revenue measure “may have attributes 2008(See Isaac v. City of Los Angeles (1998) 66 Cal.App.4th 586, 596-597 [ 77 Cal.Rptr.2d 752 ] (Isaac).) In Isaac , the court described user fees as “those which are charged only to the person actually using the service; the amount of the charge is generally related to the actual goods or services provided.” (Id. at p. 597.) Thus, a user fee is “payment for a specific commodity purchased.” (Ibid/, see also Utility Audit Co., Inc. v. City of Los Angeles (2003) 112 Cal.App.4th 950, 957 [ 5 Cal.Rptr.3d 520 ] [sewer service fees].) Despite these classifications, a revenue measure “may have attributes | 2 | 2 |
Kern County Farm Bureau v. County of Kerngreen2 sentences2016(Kern, supra, 19 Cal.App.4th at p. 1422 .) The Supreme Court has noted that “ ‘ “tax” has no fixed meaning, and that the distinction between taxes and fees is frequently “blurred,” taking on different meanings in different contexts. [Citations.]’ [Citation.]” (California Farm Bureau Federation v. State Water Resources Control Bd. (2011) 51 Cal.4th 421, 437-438 (Farm Bureau.) However, the Supreme Court has also provided guidance on how to focus on the question at hand: “Ordinarily taxes are imposed for revenue purposes and not ‘in return for a specific benefit conferred or privilege granted. [C 2008Scientists v. Department of Fish & Game (2000) 79 Cal.App.4th 935, 944 [ 94 Cal.Rptr.2d 535 ]; Northwest Energetic Services, LLC v. California Franchise Tax Bd. (2008) 159 Cal.App.4th 841, 854 [ 71 Cal.Rptr.3d 642 ] (Northwest Energetic).) Our Supreme Court in Sinclair, supra, 15 Cal.4th at pages 873-874, discussed “certain general guidelines used in determining whether ‘taxes’ are involved in particular situations.” 6 As the court noted: “The cases recognize that ‘tax’ has no fixed meaning, and that the distinction between taxes and fees is frequently ‘blurred,’ taking on different meanings i | 1 | 2 |
San Marcos Water District v. San Marcos Unified School Districtgreen2 sentences2015(Sinclair Paint Co. [(1997) 15 Cal.4th 866 ,] 874 [the term ‘tax’ has ‘no fixed 6 meaning’]; see also Richmond v. Shasta Community Services Dist. (2004) 32 Cal.4th 409, 421 [defining ‘tax’ vis-à-vis ‘assessment’ in determining voter enactment requirements]; San Marcos Water Dist. [(1986) 42 Cal.3d 154 ,] 160–162 [defining taxable ‘fee’ vis-à- vis exempt ‘special assessment’ for purposes of public entity’s exemption from taxes]; United Business Com. v. City of San Diego (1979) 91 Cal.App.3d 156, 165 [defining ‘tax’ vis-à-vis ‘fee’ for purposes of determining municipality’s power to levy tax].) 2013The Mosquito Assessment Is Not a “Tax” In determining whether the mosquito assessment is a tax, we start with the generic definition. “[T]axes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. [Citations.]” (Sinclair Paint Co., supra, 15 Cal.4th at p. 874 ; see San Marcos Water Dist., supra, 42 Cal.3d at p. 162 ; Pajaro Valley Water Management Agency v. Amrhein (2007) 150 Cal.App.4th 1364, 1381 [ 59 Cal.Rptr.3d 484 ].) To be sure, the Legislature and voters have adopted different definitions of “tax” tailored to specific purposes. | 1 | 2 |
California Ass'n of Professional Scientists v. Department of Fish & Gamegreen2 sentences2008Scientists v. Department of Fish & Game (2000) 79 Cal.App.4th 935, 944 [ 94 Cal.Rptr.2d 535 ]; Northwest Energetic Services, LLC v. California Franchise Tax Bd. (2008) 159 Cal.App.4th 841, 854 [ 71 Cal.Rptr.3d 642 ] (Northwest Energetic).) Our Supreme Court in Sinclair, supra, 15 Cal.4th at pages 873-874, discussed “certain general guidelines used in determining whether ‘taxes’ are involved in particular situations.” 6 As the court noted: “The cases recognize that ‘tax’ has no fixed meaning, and that the distinction between taxes and fees is frequently ‘blurred,’ taking on different meanings i 2008Scientists v. Department of Fish & Game (2000) 79 Cal.App.4th 935, 944 [ 94 Cal.Rptr.2d 535 ]; Northwest Energetic Services, LLC v. California Franchise Tax Bd. (2008) 159 Cal.App.4th 841, 854 [ 71 Cal.Rptr.3d 642 ] (Northwest Energetic).) Our Supreme Court in Sinclair, supra, 15 Cal.4th at pages 873-874, discussed “certain general guidelines used in determining whether ‘taxes’ are involved in particular situations.” 6 As the court noted: “The cases recognize that ‘tax’ has no fixed meaning, and that the distinction between taxes and fees is frequently ‘blurred,’ taking on different meanings i | 1 | 2 |
Knox v. City of Orlandgreen2 sentences2017To the extent fees exceed a reasonable amount in relation to the benefits or costs underlying their imposition, they are taxes. ( Sinclair Paint at p. 881, 64 Cal.Rptr.2d 447 , 937 P.2d 1350 ; Knox, supra , 4 Cal.4th at p. 142, fn. 15 , 14 Cal.Rptr.2d 159 , 841 P.2d 144 .) In the course of our analysis, we observed that, "[i]n general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted," and we looked to whether the primary purpose of a charge was to generate revenue. ( Sinclair Paint, supra , 15 Cal.4th at p. 874 , 64 Cal.Rptr.2 2017To the extent fees exceed a reasonable amount in relation to the benefits or costs underlying their imposition, they are taxes. ( Sinclair Paint at p. 881, 64 Cal.Rptr.2d 447 , 937 P.2d 1350 ; Knox, supra , 4 Cal.4th at p. 142, fn. 15 , 14 Cal.Rptr.2d 159 , 841 P.2d 144 .) In the course of our analysis, we observed that, "[i]n general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted," and we looked to whether the primary purpose of a charge was to generate revenue. ( Sinclair Paint, supra , 15 Cal.4th at p. 874 , 64 Cal.Rptr.2 | 1 | 1 |
Pajaro Valley Water Management Agency v. Amrheingreen2 sentences2013The Mosquito Assessment Is Not a “Tax” In determining whether the mosquito assessment is a tax, we start with the generic definition. “[T]axes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. [Citations.]” (Sinclair Paint Co., supra, 15 Cal.4th at p. 874 ; see San Marcos Water Dist., supra, 42 Cal.3d at p. 162 ; Pajaro Valley Water Management Agency v. Amrhein (2007) 150 Cal.App.4th 1364, 1381 [ 59 Cal.Rptr.3d 484 ].) To be sure, the Legislature and voters have adopted different definitions of “tax” tailored to specific purposes. 2013The Mosquito Assessment Is Not a “Tax” In determining whether the mosquito assessment is a tax, we start with the generic definition. “[T]axes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. [Citations.]” (Sinclair Paint Co., supra, 15 Cal.4th at p. 874 ; see San Marcos Water Dist., supra, 42 Cal.3d at p. 162 ; Pajaro Valley Water Management Agency v. Amrhein (2007) 150 Cal.App.4th 1364, 1381 [ 59 Cal.Rptr.3d 484 ].) To be sure, the Legislature and voters have adopted different definitions of “tax” tailored to specific purposes. | 1 | 1 |
Morning Star Co. v. Board of Equalizationgreen2 sentences2013Taxes ordinarily are imposed to raise revenue for the government (California Farm Bureau Federation v. State Water Resources Control Bd. (2011) 51 Cal.4th 421, 437 [ 121 Cal.Rptr.3d 37 , 247 P.3d 112 ] [“Ordinarily taxes are imposed for revenue purposes and not ‘in return for a specific benefit conferred or privilege granted.’ ”]; Sinclair Paint, supra, 15 Cal.4th at p. 874 [“In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted.”]; Morning Star Co. v. Board of Equalization (2011) 201 Cal.App.4th 737, 750 [ 135 Cal.Rptr. 2013Taxes ordinarily are imposed to raise revenue for the government (California Farm Bureau Federation v. State Water Resources Control Bd. (2011) 51 Cal.4th 421, 437 [ 121 Cal.Rptr.3d 37 , 247 P.3d 112 ] [“Ordinarily taxes are imposed for revenue purposes and not ‘in return for a specific benefit conferred or privilege granted.’ ”]; Sinclair Paint, supra, 15 Cal.4th at p. 874 [“In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted.”]; Morning Star Co. v. Board of Equalization (2011) 201 Cal.App.4th 737, 750 [ 135 Cal.Rptr. | 1 | 1 |
Washington v. Confederated Tribes of the Colville Indian Reservationgreen2 sentences2013Taxes ordinarily are imposed to raise revenue for the government (California Farm Bureau Federation v. State Water Resources Control Bd. (2011) 51 Cal.4th 421, 437 [ 121 Cal.Rptr.3d 37 , 247 P.3d 112 ] [“Ordinarily taxes are imposed for revenue purposes and not ‘in return for a specific benefit conferred or privilege granted.’ ”]; Sinclair Paint, supra, 15 Cal.4th at p. 874 [“In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted.”]; Morning Star Co. v. Board of Equalization (2011) 201 Cal.App.4th 737, 750 [ 135 Cal.Rptr. 2013Taxes ordinarily are imposed to raise revenue for the government (California Farm Bureau Federation v. State Water Resources Control Bd. (2011) 51 Cal.4th 421, 437 [ 121 Cal.Rptr.3d 37 , 247 P.3d 112 ] [“Ordinarily taxes are imposed for revenue purposes and not ‘in return for a specific benefit conferred or privilege granted.’ ”]; Sinclair Paint, supra, 15 Cal.4th at p. 874 [“In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted.”]; Morning Star Co. v. Board of Equalization (2011) 201 Cal.App.4th 737, 750 [ 135 Cal.Rptr. | 1 | 1 |
Northwest Energetic Services, LLC v. California Franchise Tax Boardgreen2 sentences2008Scientists v. Department of Fish & Game (2000) 79 Cal.App.4th 935, 944 [ 94 Cal.Rptr.2d 535 ]; Northwest Energetic Services, LLC v. California Franchise Tax Bd. (2008) 159 Cal.App.4th 841, 854 [ 71 Cal.Rptr.3d 642 ] (Northwest Energetic).) Our Supreme Court in Sinclair, supra, 15 Cal.4th at pages 873-874, discussed “certain general guidelines used in determining whether ‘taxes’ are involved in particular situations.” 6 As the court noted: “The cases recognize that ‘tax’ has no fixed meaning, and that the distinction between taxes and fees is frequently ‘blurred,’ taking on different meanings i 2008Scientists v. Department of Fish & Game (2000) 79 Cal.App.4th 935, 944 [ 94 Cal.Rptr.2d 535 ]; Northwest Energetic Services, LLC v. California Franchise Tax Bd. (2008) 159 Cal.App.4th 841, 854 [ 71 Cal.Rptr.3d 642 ] (Northwest Energetic).) Our Supreme Court in Sinclair, supra, 15 Cal.4th at pages 873-874, discussed “certain general guidelines used in determining whether ‘taxes’ are involved in particular situations.” 6 As the court noted: “The cases recognize that ‘tax’ has no fixed meaning, and that the distinction between taxes and fees is frequently ‘blurred,’ taking on different meanings i | 1 | 1 |
Collier v. City and County of San Franciscogreen2 sentences2008Scientists v. Department of Fish & Game (2000) 79 Cal.App.4th 935, 944 [ 94 Cal.Rptr.2d 535 ]; Northwest Energetic Services, LLC v. California Franchise Tax Bd. (2008) 159 Cal.App.4th 841, 854 [ 71 Cal.Rptr.3d 642 ] (Northwest Energetic).) Our Supreme Court in Sinclair, supra, 15 Cal.4th at pages 873-874, discussed “certain general guidelines used in determining whether ‘taxes’ are involved in particular situations.” 6 As the court noted: “The cases recognize that ‘tax’ has no fixed meaning, and that the distinction between taxes and fees is frequently ‘blurred,’ taking on different meanings i 2008Scientists v. Department of Fish & Game (2000) 79 Cal.App.4th 935, 944 [ 94 Cal.Rptr.2d 535 ]; Northwest Energetic Services, LLC v. California Franchise Tax Bd. (2008) 159 Cal.App.4th 841, 854 [ 71 Cal.Rptr.3d 642 ] (Northwest Energetic).) Our Supreme Court in Sinclair, supra, 15 Cal.4th at pages 873-874, discussed “certain general guidelines used in determining whether ‘taxes’ are involved in particular situations.” 6 As the court noted: “The cases recognize that ‘tax’ has no fixed meaning, and that the distinction between taxes and fees is frequently ‘blurred,’ taking on different meanings i | 1 | 1 |
Utility Audit Co. v. City of Los Angelesgreen2 sentences2008(See Isaac v. City of Los Angeles (1998) 66 Cal.App.4th 586, 596-597 [ 77 Cal.Rptr.2d 752 ] (Isaac).) In Isaac , the court described user fees as “those which are charged only to the person actually using the service; the amount of the charge is generally related to the actual goods or services provided.” (Id. at p. 597.) Thus, a user fee is “payment for a specific commodity purchased.” (Ibid/, see also Utility Audit Co., Inc. v. City of Los Angeles (2003) 112 Cal.App.4th 950, 957 [ 5 Cal.Rptr.3d 520 ] [sewer service fees].) Despite these classifications, a revenue measure “may have attributes 2008(See Isaac v. City of Los Angeles (1998) 66 Cal.App.4th 586, 596-597 [ 77 Cal.Rptr.2d 752 ] (Isaac).) In Isaac , the court described user fees as “those which are charged only to the person actually using the service; the amount of the charge is generally related to the actual goods or services provided.” (Id. at p. 597.) Thus, a user fee is “payment for a specific commodity purchased.” (Ibid/, see also Utility Audit Co., Inc. v. City of Los Angeles (2003) 112 Cal.App.4th 950, 957 [ 5 Cal.Rptr.3d 520 ] [sewer service fees].) Despite these classifications, a revenue measure “may have attributes | 1 | 1 |
Barratt American, Inc. v. City of Rancho Cucamongagreen2 sentences2007(Orange County Water Dist. v. Farnsworth, supra, 138 Cal.App.2d at p. 530 .) Under modem law, the central distinction between a tax and a fee appears to be- that a tax is “imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. [Citations.]” (Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874 [ 64 Cal.Rptr.2d 447 , 937 P.2d 1350 ]; see Barratt American Inc. v. City of Rancho Cucamonga (2005) 37 Cal.4th 685, 700 [ 37 Cal.Rptr.3d 149 , 124 P.3d 719 ].) The augmentation charge here exposes the falseness of this supposed di 2007(Orange County Water Dist. v. Farnsworth, supra, 138 Cal.App.2d at p. 530 .) Under modem law, the central distinction between a tax and a fee appears to be- that a tax is “imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. [Citations.]” (Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874 [ 64 Cal.Rptr.2d 447 , 937 P.2d 1350 ]; see Barratt American Inc. v. City of Rancho Cucamonga (2005) 37 Cal.4th 685, 700 [ 37 Cal.Rptr.3d 149 , 124 P.3d 719 ].) The augmentation charge here exposes the falseness of this supposed di | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Russ Building Partnership v. City & County of San Francisco
green
2 sentences2017Partnership v. City and County of San Francisco [(1987)] 199 Cal.App.3d [1496,] 1504 [ 246 Cal.Rptr. 21 ]; Terminal Plaza Corp. v. City and County of San Francisco (1986) 111 Cal.App.3d 892, 905 [ 223 Cal.Rptr. 379 ]; Mills v. County of Trinity (1980) 108 Cal.App.3d 656, 660 [ 166 Cal.Rptr. 674 ]; County of Fresno v. Malmstrom (1979) 94 Cal.App.3d 974, 983-984 [ 156 Cal.Rptr. 777 ].) In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. 1997Partnership v. City and County of San Francisco, supra, 199 Cal.App.3d at p. 1504 ; Terminal Plaza Corp. v. City and County of San Francisco (1986) 177 Cal.App.3d 892, 905 [ 223 Cal.Rptr. 379 ]; Mills v. County of Trinity (1980) 108 Cal.App.3d 656, 660 [ 166 Cal.Rptr. 674 ]; County of Fresno v. Malmstrom (1979) 94 Cal.App.3d 974, 983-984 [ 156 Cal.Rptr. 777 ].) In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. | 2 | 1997–2017 |
City of San Buenaventura v. United Water Conservation District
green
1 sentence2020XIII A, § 3, subd. (b).) Section 3, subdivision (d), of article XIII A provides, “The State bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits received from, the governmental activity.” Prior to the adoption of Proposition 26, “case law distinguish[ed] between taxes subject to the require | 1 | 2020–2020 |
Grotenhuis v. County of Santa Barbara
green
1 sentence2020A “tax” now includes “any levy, charge, or exaction of any kind imposed by a local government,” with seven exceptions.5 (Id., § 1, subd. (e).) 5 As relevant to plaintiffs’ complaint, these exceptions include: “(1) A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. [¶] (2) A charge imposed for a specific government 7 The local government has the burden of proving, among other things, “that | 1 | 2020–2020 |
San Diego Gas & Electric Co. v. San Diego County Air Pollution Control District
green
2 sentences2017XIII C, § 1, subd. (e)(1).) Accordingly, we concluded, a fee does not become a tax subject to article XIII A unless it " ' "exceed[s] the reasonable cost of providing services ... for which the fee is charged." ' " ( Sinclair Paint , at p. 876, 64 Cal.Rptr.2d 447 , 937 P.2d 1350 .) We further explained that " 'the basis for determining the manner in which the costs are apportioned' " should demonstrate that " 'charges allocated to a payor bear a fair or reasonable relationship to the payor's burdens on or benefits from the regulatory activity.' " ( Id. at p. 878, 64 Cal.Rptr.2d 447 , 937 P.2d 2017XIII C, § 1, subd. (e)(1).) Accordingly, we concluded, a fee does not become a tax subject to article XIII A unless it " ' "exceed[s] the reasonable cost of providing services ... for which the fee is charged." ' " ( Sinclair Paint , at p. 876, 64 Cal.Rptr.2d 447 , 937 P.2d 1350 .) We further explained that " 'the basis for determining the manner in which the costs are apportioned' " should demonstrate that " 'charges allocated to a payor bear a fair or reasonable relationship to the payor's burdens on or benefits from the regulatory activity.' " ( Id. at p. 878, 64 Cal.Rptr.2d 447 , 937 P.2d | 1 | 2017–2017 |
County of Tulare v. City of Dinuba
green
1 sentence2015A franchise fee is a "charge which the holder of the franchise undertakes to pay as part of the consideration for the privilege of using the avenues and highways occupied by the public utility." (Tulare County v. City of Dinuba (1922) 188 Cal. 664, 670 ; accord, City of Santa Cruz v. Pacific Gas & Elec. | 1 | 2015–2015 |
Schmeer v. County of Los Angeles
green
1 sentence2015It says nothing about whether a local revenue measure 5 Angeles (2013) 213 Cal.App.4th 1310, 1320 .) The term "has no fixed meaning, and . . . the distinction between taxes and fees is frequently 'blurred,' taking on different meanings in different contexts." (Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874 (Sinclair Paint).) "In general, taxes are imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. [Citations.]" (Ibid.) In contrast, the definition of "franchise fee" has been constant for nearly a century. | 1 | 2015–2015 |
Orange County Water District v. Farnsworth
green
1 sentence2007(Orange County Water Dist. v. Farnsworth, supra, 138 Cal.App.2d at p. 530 .) Under modem law, the central distinction between a tax and a fee appears to be- that a tax is “imposed for revenue purposes, rather than in return for a specific benefit conferred or privilege granted. [Citations.]” (Sinclair Paint Co. v. State Bd. of Equalization (1997) 15 Cal.4th 866, 874 [ 64 Cal.Rptr.2d 447 , 937 P.2d 1350 ]; see Barratt American Inc. v. City of Rancho Cucamonga (2005) 37 Cal.4th 685, 700 [ 37 Cal.Rptr.3d 149 , 124 P.3d 719 ].) The augmentation charge here exposes the falseness of this supposed di | 1 | 2007–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.