- 9 - payment of taxes." Boyle v. Lakeview Creamery Co., 68 P.2d 968, 969-970 (Cal. 1937); see Peacock Hill Association v. Peacock Lagoon Constr. Co., 503 P.2d 285, 286 (Cal. 1972); see also Benton v. County of Napa, 226 Cal. App. 3d 1485, 1490 (1991) (“The purpose of the suspension of corporate power is to induce the payment of taxes.”). We have in the record a certificate from the California secretary of state attesting that petitioner’s powers, rights, and privileges were suspended on April 1, 1991, and that they continued to be suspended as of February 15, 2000. Petitioner does not dispute that the certificate means what it says but argues that its suspension should be given no effect because, it claims, the suspension was “improper” either ab initio or at least beginning in 1993. Petitioner asserts that the suspension was improper at the start because, it claims, it never received the notice required under Cal. Rev. & Tax. Code sec. 23302(a) (West 1992). Petitioner claims that it first learned of its suspension on February 22, 2000, from respondent’s counsel. Alternatively, petitioner asserts, its suspension became improper in 1993. In support of this assertion, petitioner tendered to the Court as an exhibit a statement (the Statement) from the Board to petitioner indicating that petitioner’s income tax account for its tax year ended December 31, 1993, had a credit balance from April 15, 1993, through November 14, 1995. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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