The Charles Schwab Corporation and Includable Subsidiaries - Page 22

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          not on the relationship between the customer and the purchaser or                  
          seller of the securities.7  The agreement between petitioner and                   
          its customers was that any trade executed by petitioner in                         
          accordance with the customer's instructions could not be                           
          canceled.  In contrast, the customer in Hallmark had the right to                  
          return the merchandise without penalty until title passed.  Id.                    
          at 33.  The essence of the transaction between petitioner and its                  
          customer is the execution of a trade on behalf of the customer.                    
                Accordingly, we uphold respondent’s determination that                       
          petitioner must accrue commission income for the purchase or sale                  
          of securities on the trade date as opposed to the settlement                       
          date.                                                                              

          California Franchise Tax Issue                                                     

                The next issue we must decide is whether petitioner is                       
          entitled to a deduction for its California franchise tax                           
          liability in the amount of $932,979 on its Federal income tax                      
          return for the taxable year ended December 31, 1988.                               
          Respondent does not dispute that petitioner properly deducted                      
          $879,500 on its Federal return for the taxable year ended March                    

                7We note, however, that the legislative history of the Tax                   
          Reform Act of 1986 indicates that for Federal income tax                           
          purposes, both cash and accrual method taxpayers must recognize                    
          gain or loss on the sale of securities traded on an established                    
          market on the date the trade is executed.  S. Rept. 99-313                         
          (1986), 1986-3 C.B. (Vol. 3) 131.  Such treatment, while not                       
          controlling as to brokerage commissions, is consistent with our                    
          holding herein.                                                                    




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