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).Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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