The Charles Schwab Corporation and Subsidiaries - Page 1

                                   122 T.C. No. 10                                    


                               UNITED STATES TAX COURT                                


           THE CHARLES SCHWAB CORPORATION AND SUBSIDIARIES, Petitioner v.             
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket Nos. 16903-98, 18095-98.      Filed March 9, 2004.              


                    P, for Federal tax reporting purposes, claimed a                  
               California franchise tax deduction for 1989.                           
               Subsequently, P claimed the 1989 deduction for an                      
               earlier year and was successful in that claim in prior                 
               litigation before this Court.  For purposes of these                   
               cases, P claims entitlement to franchise tax deductions                
               for 1989 in the amount originally deducted for 1990.                   
               In like manner, P claims the franchise tax deductions                  
               originally claimed for 1993, 1992, and 1991 are now                    
               deductible for the preceding years of 1992, 1991, and                  
               1990, respectively.  R contends that sec. 461(d),                      
               I.R.C., proscribes such deductions because they are                    
               based on 1972 California legislation that provided for                 
               the acceleration of the accrual date for said taxes.  P                
               contends that sec. 461(d), I.R.C., does not proscribe                  
               its franchise tax deductions so long as California’s                   
               1972 legislation does not result in a double franchise                 
               tax deduction for 1989 and/or later years.                             







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