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1 Joseph Henchman & Travis Greaves, Permitting Class Refund Actions Is Key to Effective Challenges of Illegal Taxes: California Court of Appeal Considers Ardon v. City of Los Angeles 1 (2008)

handle is hein.taxfoundation/ffbfgxz0001 and id is 1 raw text is: FOUNDATION November 2008 No. 156 FISCAL FACT Permitting Class Refund Actions Is Key to Effective Challenges of Illegal Taxes: California Court of Appeal Considers Ardon v. City of Los Angeles By Joseph Henchman and Travis Greaves Introduction & Summary When an illegal tax is being collected, taxpayers generally must first pay it, demand a refund, exhaust administrative appeals, and only then may file a lawsuit. Estuardo Ardon, who argues that the Telephone User's Tax (TUT) imposed by the City of Los Angeles is unconstitutional for failing to be approved by two-thirds of voters as required by California's Proposition 218, did so. (The question of the tax's constitutionality has not yet been considered by the court in this case.) His lawsuit was filed on behalf of himself and all others similarly situated. Such a class action lawsuit is useful in that it combines all who paid this tax into one comprehensive legal case, and if Ardon prevails, it ensures that the city must refund illegally collected taxes to all who paid them. While class actions are permitted for state tax claims in California, Los Angeles argues they are not allowed for local taxes. Instead, they contend, each individual taxpayer must submit his or her own refund claim for processing, administrative hearings, and litigation. The California Court of Appeal should follow the precedent set by the California Supreme Court by holding that a class action for a tax refund is permissible under state law. In so doing, the Court will not only be promoting judicial efficiency but also saving time and money cost for claimants. Unless class actions are permitted in refund cases, the hurdles of

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