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Public Meeting Agenda

Franchise Tax Board Meeting*
Thursday, March 26, 1998 - 2:00 p.m.
State Board of Equalization
450 N Street, Room 121**
Sacramento, California

Open Session

Item 1. Approval of Minutes

Approval of Minutes of February 4, 1998 Board meeting.

Item 2. Legislative Matters

a. Board Positions on Legislative Bills.

b. Legislative Proposals

(1) LP 98-20 - Interest Offset/Specify Ordering Rules

(2) LP 98-26 - State Disability Insurance Refunds

(3) LP 98-27 - Taxation of Nonresidents/Alimony Deduction

(4) TP 98-02 - Penalty for Failure to File Upon Notice and Demand

Item 3. Regulation Matters

a. Status of Pending Regulations.

(1) Staff report on Water’s-Edge Election Symposium

(2) Staff report regarding status of proposed Regulation 25106.5, Rules for Combined Reporting; Regulation 25106.5-1A, Intercompany Transactions; 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.

b. Request for Proposed Regulation Relating to Trust Administration.

Staff presentation regarding request for a proposed regulation relating to trust administration.

Item 4. Report Regarding Status of Phase III

Staff presentation and Board discussion/action regarding new central office facility.

Item 5. Secretary of State Request Regarding Voter Information

Item 6. Performance Audit of Franchise Tax Board

Staff update on status of performance audit of Franchise Tax Board.

Item 7. 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 8. Board Consideration of Resolution Defining Powers and Duties of Executive Officer of the Franchise Tax Board

Continuation of consideration at February 4, 1998 Board meeting.

Item 9. Board Consideration of Resolution Regarding Board Approval of Litigation Settlements and Appeals

Continuation of consideration at February 4, 1998 Board meeting.

Item 10. Administrative Matters

a. Budget Matters - Presentation by staff and discussion regarding the 99/00 Budget

b. Leases

Item 11. Executive Officer’s Time

No action items at this time.

Item 12. 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 (Coachmen Industries of California, Inc. v. Franchise Tax Board) and (Mitzi Johnson v. Franchise Tax Board) and to confer with legal staff regarding possible settlement of another litigation case. The name of the other case is not disclosed because to do so would jeopardize the ability of the Franchise Tax Board to settle. Closed session is authorized by Government Code Sections 11126(e)(1) and 11126.3(a).

Item C. Closed session regarding pending litigation. 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).