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Form 945-V California Alameda: What You Should Know

Hunt-Wesson Foods, Inc. v. County of Alameda — Justin Law, Court of Appeal, Second District, California This appeal is from an order directing the County to assess Hunt-Wesson Foods, Inc. a tax of 2.8% on the sales made by Hunt-Wesson in the city of Berkeley, Calif.  The appeal is limited to a single question: Was the assessment of tax for which the County is being sued, a “sufficiently reasonable” tax? And,  is it unlawful for the County to assess and collect this tax upon its own action (or in response to a petition filed by Hunt-Wesson) without a declaration by the person liable to pay the tax? The question was asked in connection with a tax appeal filed on July 31, 2004. The case has been assigned to the Court for the Second District. The Tax Court issues opinions of decision in accordance with California Code of Civil Procedure §§ 12055, 12056 and 12046. Questions submitted for decision must be submitted after publication by the Tax Court and by other appropriate media in California. CDTFA-401-INST. (CDTFA-401-INST) Pursuant to Code of Civil Procedure, § 8078, the Tax Court has ordered and directed the County to assess Hunt-Wesson Foods, Inc. an amount totaling 1,450,000 as tax for the year 2003. Hunt-Wesson Foods, Inc. (“Hunt” or “Huntsman”, “we” or “us” or “the company” or “Hunt or Huntsman” or “the company”) appealed from an order dated September 6, 2004, rendered on the 26th day of the month and year. The order required the County to assess Hunt-Wesson Foods, Inc. a tax of 1,449,749 for the year 2025 in the amount of 2.8% of Hunt's taxable sales on its business in Berkeley in the city of Berkeley.

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