The U.S. Supreme Court has declined to review the Ventas Finance case.
The taxpayer wanted the U.S. Supreme Court to change the remedy to a full refund of the CA LLC Fee paid (LLC Fee based on Total gross receipts). The California Court of Appeal’s remedy was a partial refund (allowing a LLC Fee to be assessed based on California gross receipts, instead of Total gross receipts).
What's Next?
In the other LLC Fee case, Northwest Energetic Services, LLC, California issued a Notice advising taxpayers with similar facts, to fax the necessary information to them so they could recalculate the refund claims. I would expect California to do the same for taxpayers with facts similar to Ventas.
So, in other words, wait for guidance from California for the next step.
Ventas Finance I LLC v. California Franchise Tax Board, U.S. Supreme Court, Dkt. 08-1022, petition for certiorari denied April 6, 2009
