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McClellan Davis

About McClellan Davis

McClellan Davis has a staff with extensive Board experience. We routinely provide sales tax advice regarding anticipated transactions that may have tax consequences. We also represent taxpayers who need assistance appealing assessments, and filing claims for refund. We also offer managed audits and an initial free consultation to advise you of your options. You can set up an appointment by emailing us at taxhelp@salestaxhelp.com or calling toll free at 855 995-6789.

McClellan Davis Efforts Lead to Change for California Board Hearing Policies

Close-up Photo Of Gavel And Law Book

On May 24, 2016, Jesse W. McClellan, Managing Partner, testified before the Members of the State Board of Equalization (Board) at the California Taxpayers’ Bill of Rights Hearings in Sacramento, California to address a variety of concerns he had with Board policies. Part of his testimony focused on procedural problems with appeals cases that are scheduled for hearings before the elected Members of the Board. Specifically, Mr. McClellan stressed the need to establish guidelines for appeals cases that are removed from the hearing calendar by Board […]

McClellan Davis Fights for Taxpayer Rights

Fotolia_14893664_S_ConstitutionOn May 24, 2016, Jesse McClellan, Esq., Managing Partner, testified before the Members of the Board of Equalization at the California Taxpayers’ Bill of Rights Hearings regarding two issues that have been historically problematic for taxpayers.  The first issue addressed pertained to the Board’s practice of permitting the Business Tax and Fees Department (Department) and/or the Legal Appeals Division (Appeals) to remove cases from the board hearing calendar without any meaningful reason or timetable.  The second issue pertained to the lack of review for Administrative Protest denials.

 

The first problem:

A hearing before […]

Tax Update for California’s Wine Industry

As a result of a very recent change to a legal interpretation that dates back to 1961, viable yeast used in the production of wine is no longer considered to be subject to sales or use tax in California. The Board of Equalization has historically considered wine yeast to be taxable because it doesn’t all remain in the final product. Therefore, yeast was considered to be consumed by the wine producer in the production process. That interpretation, however, was inconsistent with rulings that considered beer yeast to be exempt, and it overlooked the fact that the presence of wine yeast during the fermentation process is instrumental […]

McClellan Davis Prevails on Large Fraud Case

Jesse McClellan, Esq. Jesse McClellan, Esq.

Jesse McClellan, Esq., Principal, obtained a 4-1 vote in favor of our client at the December 16, 2015 Board Hearing.  The case involved a 2007 audit of a popular Santa Barbara restaurant and nightclub, with the total liability exceeding $1.4 million.

The primary issue addressed at the Board Hearing was the assessment of a 25 percent fraud penalty, which expanded the audit period by an additional 5 years.  Jesse successfully argued that the Sales and Use Tax Department failed to carry its burden to prove fraud by clear […]

McClellan Davis, LLC Welcomes New Attorney in Sacramento Office

McClellan Davis LLC announced today that Lucian Khan, Attorney at Law (and Of Counsel), has joined the firm in their Sacramento office.

McClellan Davis LLC announced today that Lucian Khan, Attorney at Law (and Of Counsel), has joined the firm in their Sacramento office. Lucian comes to McClellan Davis after spending the past 20 years of his legal career working for the California State Board of Equalization. During his Board tenure as an attorney, Lucian initially served as a Business Tax Appeals Hearing Officer, and subsequently as an Appeals Supervisor and Settlement Officer and reviewer.

At McClellan Davis, he intends to continue […]

Rv
Dealership

Reduction: $13,876,785.41
(94% Reduction)

Tobacco
Distributor

Reduction: $5,034,245
(99% Reduction)

Medical
Devices

Refund: Over $1,000,000
to date

Construction
Contractor

Reduction/Refund: $950,000
(100% Reduction + Refund)

Ski
Resort

Reduction/Refund: $164,605.25
(100% Reduction + Refund)