California, United States of America
The following excerpt is from Fenton v. City of Delano, 162 Cal.App.3d 400, 208 Cal.Rptr. 486 (Cal. App. 1984):
What appellants overlook in their citation of Revenue and Taxation Code section 6353 is the fact that it is part of a statutory chapter dealing with sales and use taxes, not general revenue taxes. The court in Rivera v. City of Fresno, supra, 6 Cal.3d 132, 98 Cal.Rptr. 281, 490 P.2d 793 made the following observations regarding sales and use taxes and general revenue taxes as it wrestled with the issue of whether state law preempted the imposition of a local sales and use tax on utilities:
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