Earthquake Sound Corporation - Page 3




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          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.                             








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