- 13 - No customer of petitioner can cancel an order that is executed in accordance with the customer’s instructions. If petitioner made an error, the customer is made whole by canceling the transaction and rebilling it. When transactions are canceled and rebilled, new trade confirmations are generated and sent to the customer, showing both the canceled trade information and the corrected trade information. When petitioner cancels and rebills a customer for a trade that it incorrectly executed, the customer is liable only for the amount determined according to circumstances existing on the original trade date. Individual trades may be canceled if an entire transaction is canceled. For example, a customer’s trade would be canceled if an initial public offering were canceled after trading was initiated. In these instances, the trades never settle and petitioner collects no commission. For the taxable year ended December 31, 1988, petitioner accrued commission income on the purchase or sale of securities on the settlement date for tax and book purposes. Petitioner’s trades that were executed in 1988, but settled in 1989, resulted in $3,357,576 net commission income. Franchise Tax Issue Petitioner qualified to do business in California on February 9, 1987. Petitioner commenced business in California on April 1, 1987.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011