123 T.C. No. 18                                    
                               UNITED STATES TAX COURT                                
           THE CHARLES SCHWAB CORPORATION AND SUBSIDIARIES, Petitioner v.             
                    COMMISSIONER OF INTERNAL REVENUE, Respondent*                     
               Docket Nos. 16903-98, 18095-98.   Filed September 29, 2004.            
                    In an earlier opinion, Charles Schwab Corp. &                     
               Subs. v. Commissioner, 122 T.C. 191 (2004) (Schwab II),                
               we held that sec. 461(d), I.R.C., applied to a 1972                    
               change in California (Cal.) franchise tax law.  R                      
               contended that if sec. 461(d), I.R.C., applied, P would                
               not be entitled to the $932,979 Cal. franchise tax                     
               deduction it had claimed for its 1989 Federal tax year.                
               P contended that sec. 461(d), I.R.C., did not apply and                
               that it was entitled to a $1,806,588 deduction.  P, on                 
               its Federal returns for the years under consideration,                 
               claimed franchise tax deductions under Cal. law without                
               considering the 1972 change (as though sec. 461(d),                    
               I.R.C., applied).  P did not claim a franchise tax                     
               deduction for its short year ended Dec. 31, 1988, and                  
          __________________                                                          
               * This Opinion supplements a previously released                       
          Opinion:  Charles Schwab Corp. & Subs. v. Commissioner, 122 T.C.            
          191 (2004).                                                                 
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