AT&T Corporation v. City of Los Angeles
Published: Jan. 14, 2017 | Result Date: Sep. 26, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC594317 Settlement – $595,178
Court
L.A. Superior Central
Attorneys
Plaintiff
Amy L. Silverstein
(Silverstein & Pomerantz LLP)
Edwin P. Antolin
(Vallejo, Antolin, Agarwal & Kanter LLP)
Defendant
Pejmon Shemtoob
(Office of the City Attorney)
Facts
AT&T Corp. sued the City of Los Angeles, seeking a refund of taxes.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant audited plaintiff and allegedly found plaintiff underpaid taxes for the years 2006, 2007, and 2008 in the amount of $585,224. Defendant thereafter issued another assessment and penalties in the amount of $774,660. Plaintiff claimed that the assessments were imposed years after the expiration of the extended statute of limitations that plaintiff had previously agreed on. Plaintiff timely filed a protest, which resulted in a partial win for plaintiff. Following an appeal, plaintiff paid the disputed taxes plus interest and penalties, totaling $934,141. Plaintiff then filed a refund claim, but was denied. Plaintiff then filed this action, asserting its entitlement to a full refund on statute of limitations grounds. Plaintiff also asserted causes of action for federal excise tax exclusion and improper imposition of penalties.
DEFENDANT'S CONTENTIONS:
Defendant denied the allegations and asserted various affirmative defenses.
Result
The city settled the dispute for $595,178.
Other Information
FILING DATE: Sept. 10, 2015.
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