- 3 - return, petitioner deducted a total of $24,603 in franchise tax paid in 1992 relating to privilege year 1992 ($10,603) and to privilege year 1993 ($14,000). On its 1993 corporate Federal income tax return, petitioner deducted a total of $36,229 in franchise tax paid in 1993 relating to privilege year 1993 ($11,029) and to privilege year 1994 ($25,200). Respondent audited petitioner's corporate Federal income tax returns for 1993, 1994, and 1995. During the audit, respondent required petitioner for 1993 and subsequent years to change its cash method of accounting for the franchise tax liabilities to the accrual method of accounting, under which a deduction in the privilege year is allowed only for franchise tax due for that year. Respondent concluded that the change in petitioner's accounting method resulted in a deduction of the same $14,000 franchise tax both on petitioner's 1992 and 1993 corporate Federal income tax returns. By the time respondent required the above change in petitioner's method of accounting for California franchise tax, under the period of limitations applicable to 1992, petitioner's 1992 corporate Federal income tax return was closed for assessment. Relying on section 481, respondent then charged petitioner with a $14,000 section 481 adjustment for 1993.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011