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On April 7, 2023, the Second District of the California Court of Appeal published a landmark opinion on California property tax law that expands the tax-exempt status of intangible assets, holding that transient occupancy tax reimbursements and key money payments are intangible assets and that the “Rushmore Method” of removing intangibles from assessment is legally invalid. See Olympic and Georgia Partners, LLC v. County of Los Angeles.[1]

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[1] Greenberg Traurig, LLP attorneys Colin W. Fraser, Cris K. O’Neall, and DeAndré R. Morrow served as counsel to Plaintiff and Appellant Olympic and Georgia Partners, LLC.

Tags: california, California property tax, GT Insight, litigation, property taxes, tax-exempt
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Photo of Colin Fraser Colin Fraser

Colin Fraser is a commercial litigator with experience in all phases of litigation in federal and state courts, and in arbitration and mediation, with a principal focus on complex matters. He is experienced in managing cases at the trial court level, including all…

Colin Fraser is a commercial litigator with experience in all phases of litigation in federal and state courts, and in arbitration and mediation, with a principal focus on complex matters. He is experienced in managing cases at the trial court level, including all aspects of discovery, motion practice, and trial. He also has experience prosecuting appeals before the Ninth Circuit and the California Court of Appeal. Colin also represents clients before legislative and regulatory bodies at the local and state levels.

Colin has handled cases with claims exceeding several billion dollars in potential liability and has experience in a broad range of areas affecting business clients, including contract law, intellectual property litigation, anti-trust, Racketeer Influenced and Corrupt Organizations Act (RICO), the Telephone Consumer Protection Act (TCPA), false advertising, unfair competition, real estate disputes, and shareholder disputes.

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Photo of Ruben Sislyan Ruben Sislyan

Ruben Sislyan focuses his practice on California state and local tax controversies at the audit, administrative, and judicial levels. He has broad experience representing Fortune 500 and middle-market companies, closely held businesses, start-ups, families, and individuals in a wide range of state and

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Ruben Sislyan focuses his practice on California state and local tax controversies at the audit, administrative, and judicial levels. He has broad experience representing Fortune 500 and middle-market companies, closely held businesses, start-ups, families, and individuals in a wide range of state and local taxes, including corporate franchise/income, personal income, sales and use, property, tobacco, and gross receipts and other local taxes.

Ruben helps clients navigate through all stages of California’s complex administrative tax controversy process. He regularly practices before California’s state and local tax agencies and tribunals, including the Franchise Tax Board, the California Department of Tax and Fee Administration, the State Board of Equalization, the Office of Tax Appeals, and the Los Angeles Office of Finance. Ruben also has experience representing clients in California courts and challenging unlawful taxes.

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Photo of James T. Smith James T. Smith

James T. Smith is a member of the Tax Practice in Greenberg Traurig’s San Francisco office. Prior to joining the firm, he served as an honors intern clerk for the Honorable Mitchell S. Goldberg at the U.S. District Court for the Eastern District

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James T. Smith is a member of the Tax Practice in Greenberg Traurig’s San Francisco office. Prior to joining the firm, he served as an honors intern clerk for the Honorable Mitchell S. Goldberg at the U.S. District Court for the Eastern District of Pennsylvania. He was also a volunteer law clerk in the Northern Civil Trial Section of the U.S. Department of Justice Tax Division.

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