Gregory v. State

In 1943 plaintiff filed a gift tax return and the state controller issued a Notice of Determination of Tax. Plaintiff paid the tax to defendant state under protest. In this action to recover the tax so paid, plaintiff recovered judgment for the amount of the tax, and, after appeal (Gregory v. State of California, 77 Cal.App.2d 26, 28 [ 174 P.2d 863 , 175 P.2d 542 ]), pursuant to stipulation, judgment was entered in favor of plaintiff for a portion of the tax, it being conceded that the only issue was whether interest should be allowed on the amount overpaid on the tax. In the judgment the trial court allowed interest on the amount of the overpayment from and after. May 18, 1945, which was the effective date of the 1945 amendment to the gift tax statute.

Prior to the time the tax was paid under protest and the action was commenced to recover it, the gift tax statute authorized an action to recover taxes where they were paid under protest, but it was provided that no interest be allowed on any refund (Stats. 1943, eh. 658; 3 Deering’s Gen. Laws, Act 8495c). In 1945, effective May 18th, the statute was *702 amended to provide that interest shall be allowed on any overpayment of any…