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State of California Franchise Tax Board

Public Meeting Agenda

Franchise Tax Board Meeting*
Thursday, May 28, 1998 - 2:00 p.m.
State Board of Equalization**
5901 Green Valley Circle
Hearing Room 207, Second Floor
Culver City, California

Open Session


Item 1. Approval of Minutes

Approval of Minutes of March 26, 1998, April 6, 1998, and May 4, 1998 Board meetings.

Item 2. Legislative Matters

  a. Legislation Presented for Board Position

  b. Legislative Proposal - LP 98-28 - Penalty for Failure to File Upon Notice and Demand

Item 3. Regulation Matters

Staff presentation on pending regulation projects: Proposed Amendments to Regulation 25111 and 25111-1, Water’s

Edge Elections; Regulation 25128, 25128-1 and 25128-2, Sales Factor, Definition of Extractive and Agricultural

Business Activity; and, Regulation 25137(c)(4)(p), Inclusion of Net Gains from the Sale of Certain Intangibles in the

Sales Factor.

Item 4. Franchise Tax Board Performance Audit Vendor Contract

Item 5. Staff Report and Recommendation Regarding Trust Administration Project

Item 6. Administrative Matters

Contracts - Presentation and request for approval to initiate procurement activity for an Enterprise-Wide Customer

Service Platform.

Item 7. Staff presentation regarding current filing season update including electronic filing (ELF) and direct deposit.

Item 8. Applications for Voluntary Disclosure

Board consideration of staff recommendations regarding anonymous Applications for Voluntary Disclosure filed

pursuant to Revenue and Taxation Code Section 19191.

Item 9. Executive Officer’s Time

No action items.

Item 10. Board Members’ Time

a.  Kathleen Connell, Chair

b.  Dean Andal

c.  Robin J. Dezember


Closed Session

Item A. Closed session to consider recommendations regarding settlement of administrative tax disputes required to be in closed session by Section 19442 of the Revenue and Taxation Code.

Item B. Closed session to approve recommended settlement in two litigation cases (Donald W. Marken v. Franchise Tax Board). The title of the other case is not disclosed because to do so would jeopardize the ability to conclude settlement negotiations to the State’s advantage). Closed session is authorized by Government Code Sections 11126(e)(1) and 11126.3(a).

Item C. Closed session regarding pending litigation including permission to appeal one or more adverse decisions (Ceridian Corporation v. Franchise Tax Board and possible other cases). The Board needs to confer with legal counsel. Closed session is authorized by Government Code Section 11126(e)(1).

Item D. Closed session to discuss and act on Personnel Matters. Closed session is authorized by Government Code Section 11126(a)(1).



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