The Charles Schwab Corporation and Includable Subsidiaries - Page 28

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          taxable year in issue) and income year would also have been the                    
          same, and, thus, the franchise tax based on its second year's                      
          income would have accrued on December 31, 1988.  We agree.                         
                None of our prior opinions dealt with a situation where the                  
          income year and the taxable year would have been the same for                      
          purposes of the franchise tax as it applied prior to December 31,                  
          1960.  However, that is the result of applying section 23222(a)                    
          of the California code, as it existed prior to the 1972                            
          amendment, to the facts of this case.  Pursuant to that section,                   
          the franchise tax for petitioner's first taxable year ended                        
          December 31, 1987, would have been computed on income earned                       
          during that period and would have been payable to the State for                    
          the privilege of exercising the corporate franchise for the same                   
          period.  This franchise tax based on income received during the                    
          first year would have been due regardless of whether petitioner                    
          exercised its privilege after the close of its first year.                         
                Because petitioner's first taxable year for franchise tax                    
          purposes was for a period of less than 12 months, prior to the                     
          1972 amendment, Cal. Rev. & Tax Code sec. 23222(a) would have                      
          required petitioner to pay a franchise tax based on its income                     
          for the second year for the privilege of exercising the corporate                  
          franchise during the second year.  The franchise tax liability                     
          based on income earned during the second year would not have                       
          depended upon the occurrence of an event subsequent to the end of                  






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