- 23 - 31, 1988, for the franchise tax it paid for the California income year 1987. Regardless of whether the franchise tax properly accrued on December 31, 1987, as petitioner contends, or on January 1, 1988, as respondent contends, both parties agree that the deduction was proper in petitioner’s first Federal taxable year. Instead, the parties’ dispute centers on the deductibility of the California franchise tax for petitioner’s second Federal taxable year. To understand the crux of the dispute, it is necessary to understand some of the history with respect to the California franchise tax. California imposes an annual franchise tax on most corporations doing business within the State of California for the privilege of exercising their corporate franchises. Cal. Rev. & Tax. Code sec. 23151(a) (West 1992). In general, the tax computed for the "taxable year"8 is based upon the net income of the preceding year, which is designated the "income year". Id. secs. 23041(a), 23042(a), 23151(a) (West 1992). Prior to the 1972 amendments to the California franchise tax statutes, the California franchise tax generally accrued on the first day of the taxable year. In Central Inv. Corp. v. Commissioner, 9 T.C. 128, 132-133 (1947), affd. per curiam 167 F.2d 1000 (9th Cir. 1948), we held that even though the 8The "taxable year" is the year for which the California franchise tax is payable. Cal. Rev. & Tax. Code sec. 23041(a) (West 1992)Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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