- 2 - in an earlier case and Opinion of this Court, Charles Schwab Corp. & Includable Subs. v. Commissioner, 107 T.C. 282 (1996), it had been decided that P was entitled to a $932,979 deduction for its 1988 short year. R, after we held in Schwab II that sec. 461(d), I.R.C., applied and that P was not entitled to a $932,979 deduction for 1989, moved for reconsideration. R has changed his position and now concedes that P is entitled to a $932,979 Cal. franchise tax deduction for its 1989 Federal tax year. P would accept R’s concession but continues to argue that it is entitled to a $1,806,588 deduction. Held: The effect of sec. 461(d), I.R.C., analyzed and in the factual context of this case, P is entitled to a $932,979 Cal. franchise tax deduction. Glenn A. Smith, Erin M. Collins, Laurence J. Bardoff, and Patricia J. Galvin, for petitioner. Rebecca T. Hill, for respondent. SUPPLEMENTAL OPINION GERBER, Chief Judge: In an earlier Opinion in these cases,1 two primary issues were decided. Respondent moved for reconsideration concerning our holding on the California franchise tax issue.2 Respondent seeks reconsideration 1 Charles Schwab Corp. & Subs. v. Commissioner, 122 T.C. 191 (2004) (Schwab II). In Schwab II we referenced a 1996 Opinion concerning petitioner: Charles Schwab Corp. & Includable Subs. v. Commissioner, 107 T.C. 282 (1996) (Schwab I). The Findings of Fact in Schwab II are incorporated herein by this reference. 2 In Schwab II we held that sec. 461(d), I.R.C., limited petitioner’s deduction for California franchise tax to an amount accrued and computed under California’s pre-1972 franchise tax (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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