The Charles Schwab Corporation and Includable Subsidiaries - Page 24

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          California franchise tax was measured by the preceding year’s                      
          income, accrual basis taxpayers could accrue the tax only during                   
          the taxable year.  Under pre-1972 law, withdrawal or dissolution                   
          relieved the taxpayer from taxation for the period of the taxable                  
          year during which the corporate franchise was not exercised.  The                  
          tax was essentially a tax on the privilege of doing business in                    
          the taxable year.  Id. at 133.  All events fixing a corporation's                  
          liability for the California franchise tax did not occur until                     
          the taxable year in which it exercised its privilege.  Epoch Food                  
          Serv., Inc. v. Commissioner, 72 T.C. 1051, 1053 (1979).                            
                In 1972, California amended its franchise tax law so that                    
          withdrawal or dissolution would no longer relieve a taxpayer from                  
          tax based on the preceding year's income.  In Epoch Food Serv.,                    
          Inc. v. Commissioner, supra at 1054, we found that the effect of                   
          this amendment was to change the accrual date for the tax from                     
          January 1 of the taxable year to December 31 of the income year.                   
          Thus, after the 1972 amendment, the event fixing the liability                     
          for the California franchise tax is the earning of net income in                   
          the income year, rather than the exercising of the corporate                       
          franchise in the taxable year.  Id.                                                
                Section 164(a) permits a deduction for State taxes during                    
          the taxable year in which paid or accrued.  However, section                       
          461(d) overrides the normal rules for accruing taxes in certain                    
          situations.  Section 461(d)(1) provides:                                           






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