What x-ray film did a 1964 California letter recommend removing from the tax measure in a welded-tubing protest?

Short answer It recommended excluding film sold with welded tubing when the customer specifically ordered the film. It treated film sold with tubing at retail and film the taxpayer consumed to determine job setups as taxable. The letter records only a recommendation, not final Board action.
State
CA
Ruling
Annotation 420.0700
Tax type
Sales and Use Tax
Issued
1964-10-13
Issued by
California State Board of Equalization
Requested by
A taxpayer protesting tax on x-ray film connected with welded tubing (identity redacted)

Apply this to your situation

This page answers the general question as of 1964. Ask about yours and see what current California tax law says, with citations.

Currency note: this ruling is from 1964
Subsequent statutory amendments, regulation changes, court decisions, or later rulings may have changed the analysis. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, rate, or position mentioned here.
Disclaimer: This is an October 13, 1964 California State Board of Equalization Associate Tax Counsel letter published by CDTFA to support an annotation. Its source text excludes specifically ordered film sold with welded tubing and taxes retail and setup film. CDTFA's current annotation 420.0700 adds resale, footage, missile and aircraft facts unpublished from the letter. Do not treat the recommendation as binding; check present facts and law. This summary is informational only and is not legal or tax advice.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.
View original ruling (PDF)

Plain-English summary

After a preliminary hearing, the October 13, 1964 letter recommended redetermining the protested liability and removing from the tax measure x-ray film sold with welded tubing when the customer specifically ordered the film.

The recommendation did not cover every film transfer connected with the tubing business. The source treated film sold with tubing at retail as taxable and also treated film the taxpayer consumed to determine job set-ups as taxable.

The source records only the recommendation for redetermination. It does not state whether the Board later adopted the recommendation or otherwise entered a final decision.

Live annotation and source posture

The current live annotation describes film purchased for resale, exposed and identified with specific welded-tubing footage used in missile and aircraft construction, and sold with tubing for resale under specific customer orders. The one-page supporting letter itself states only that specifically ordered film was sold with welded tubing. It does not mention a resale purchase, exposure, footage identification, missile or aircraft construction, or the tubing buyer's resale.

Those additional facts are grounded in the official live annotation but not in the supporting letter's evidentiary record. This page therefore identifies them as live-annotation additions rather than using them to enlarge the narrower source recommendation. The live page also describes the result as no use tax, while the letter speaks more generally of excluding the film from the tax measure.

The source refers to a preliminary hearing and a redacted account, visibly printing Sand Diego. It supplies no hearing date, petition, taxpayer or customer identity, order, invoice, x-ray film, welded tubing, setup record, audit workpaper, protested tax amount, resale document, redetermination computation, Board vote, final notice, payment or refund outcome.

CDTFA's Annotated Legal Opinions collection says these documents are summarized as annotations and statutory law controls over an inconsistent annotation. The official PDF has a clean native text layer and one page-one letterhead stencil, so no OCR was required. Two fresh direct PDF downloads and two live-page downloads were byte-identical; duplicate default text extractions also matched.

What this means for you

Keep customer orders and distinguish transferred film from film consumed in production planning. The source recommendation depended on a specific customer order and did not exclude setup film or film accompanying a retail tubing sale. The live page supplies more facts, but the hearing record needed to test them is unavailable.

Common questions

Q: What film did the letter recommend excluding?

A: X-ray film sold with welded tubing when the customer specifically ordered the film.

Q: What film did the source treat as taxable?

A: Film sold with tubing at retail and film the taxpayer consumed to determine job setups.

Q: Does the supporting letter mention missile or aircraft construction?

A: No. Those facts appear on the current live annotation, not in the one-page letter.

Q: Was the protested liability finally redetermined?

A: The source does not say. It supplies only counsel's recommendation.

Missing evidence and references

  • Preliminary-hearing date, petition, transcript and exhibits — absent
  • Taxpayer, account, customer and project identities — redacted or absent
  • Customer orders, invoices and resale records — absent
  • X-ray film, welded tubing and setup records — absent
  • Audit measure, redetermination computation and final Board action — not supplied

Verbatim support

From the official October 13, 1964 Associate Tax Counsel letter:

We wish to advise you that we are recommending a redetermination of the tax liability under protest.

Said redetermination to exclude from the measure of tax X-ray film sold with welded tubing where the film has been specifically ordered by the customer.

Film sold with tubing at retail and film self-consumed by use in determining job “set-ups” will be considered subject to tax.

Source

Original ruling text

420.0700

STATE OF CALIFORNIA

STATE BOARD OF EQUALIZATION
October 13, 1964

Mr. X----------------------,
This is with reference to the preliminary hearing held in Sand Diego on the X-------------- account. We wish to advise you that we are recommending a redetermination of the tax liability under protest. Said redetermination to exclude from the measure of tax X-ray film sold with welded tubing where the film has been specifically ordered by the customer. Film sold with tubing at retail and film self-consumed by use in determining job “set-ups” will be considered subject to tax. Very truly yours, Robert H. Anderson Associate Tax Counsel RHA:mm

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