The Charles Schwab Corporation and Subsidiaries - Page 3

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          concerning petitioner’s entitlement to a $932,979 deduction for             
          California franchise tax for its 1989 Federal tax year.                     
          Respondent has not changed his position concerning our primary              
          holding.  Respondent continues to agree with our primary holding            
          that section 461(d)3 applies to a 1972 legislative amendment by             
          the State of California (1972 law).  Under the primary holding,             
          we concluded that section 461(d) applies because the 1972 law               
          resulted in an acceleration of the accrual of California State              
          franchise tax.                                                              
               Respondent has, however, changed position regarding the                
          question of whether petitioner is entitled to a $932,979                    
          franchise tax deduction claimed on its 1989 calendar year Federal           
          return.  For purposes of trial and briefing, respondent argued              
          that if the 1972 law triggered the application of section 461(d),           
          petitioner would not be entitled to the $932,979 California                 
          franchise tax deduction claimed on its Federal return for 1989.             
          In his motion for reconsideration, respondent concedes that his             




               2(...continued)                                                        
          regimen.  As a result of that holding, it was also held that                
          petitioner was not entitled to a $932,979 deduction for                     
          California franchise tax it claimed for its 1989 Federal tax                
          year.                                                                       
               3 All section references are to the Internal Revenue Code in           
          effect for the years in issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure, unless otherwise                 
          indicated.                                                                  





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