Taiheiyo Cement v. Franchise Tax Bd.
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Filed 4/4/12 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE TAIHEIYO CEMENT U.S.A., INC., Plaintiff and Appellant, B226067 (Los Angeles County Super. Ct. No. BC422623) v. FRANCHISE TAX BOARD, Defendant and Respondent. ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT] THE COURT: It is ordered that the opinion filed herein on March 13, 2012, and certified for publication be modified as follows: 1. On page 2, the phrase as well as the legislative history indicating that qualified property was parenthetically referred to as Internal Revenue Code section 1245 property, in the last sentence of the third full paragraph is deleted. 2. On page 4, the phrase as well as the legislative history indicating that qualified property was parenthetically referred to as Internal Revenue Code section 1245 property, in the last sentence of the second full paragraph is deleted. 3. On page 6, the word qualified in the last sentence of the first paragraph is deleted and section 24356.7 is inserted in its place. 4. On page 15, the words the qualified in the second full sentence of the first paragraph are deleted and section 24356.7 is inserted in their place. 5. On page 15, the word qualified in the last sentence of the first paragraph is deleted and section 24356.7 is inserted in its place. 6. On page 15, the second full paragraph, beginning Further, our review is deleted. This modification does not constitute a change in the judgment. Appellant s petition for rehearing is denied. ______________________ MALLANO, P. J. _____________________ ROTHSCHILD, J. 2 ____________________ CHANEY, J.
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