Harb v. Franchise Tax Board
This is an appeal following a trial on remand from this court on the issue of whether Donald W. Marken and Claudine H. Marken (Markens) received certain income from California sources that was taxable pursuant to Revenue and Taxation Code section 17951. On remand, the trial court also considered the Markens posttrial motion for litigation costs. Court granted the parties request to consolidate the Markens appeal from both the judgment on remand and the order denying their motion for recovery of litigation costs. The Markens contend that the trial court erred in concluding that income they received from incentive stock options and their pension plan was taxable. They also argue that the court erred in excluding their declarations and that it abused its discretion in denying their motion for litigation costs. Court affirm.
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