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eBook details

• Title: Forster Shipbuilding Co. V. County Of Los Angeles
• Author : Supreme Court Of California
• Release Date : January 08, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

This appeal tests the constitutionality of section 107.1 of the Revenue and Taxation Code, which prescribes methods for evaluating the possessory interests of lessees of tax-exempt property. L. W. Blinn Lbr. Co. v. County of Los Angeles, 216 Cal. 474 [14 P.2d 512], held that when such interests are evaluated by the capitalization of income method, deductions should be made from gross income for rentals to become due under the lease and for amortization of the cost of improvements by the lessee that would revert to the lessor. De Luz Homes, Inc. v. County of San Diego, 45 Cal. 2d 546 [290 P.2d 544], overruled the Blinn case and held that under the capitalization of income method there can be no deductions for rental or amortization. Private lessees of government property under leases made prior to the De Luz decision complained that it was inequitable to apply the De Luz rule to them, since their rentals were fixed on the assumption that the rental value of the property would not be taxed. Apparently in response to such complaints the Legislature in 1957 adopted section 107.1 of the Revenue and Taxation Code, which provides:

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