- 5 - tax purposes were based on a corporation’s California income for its 1969 year. There were exceptions to that approach in situations involving a corporation’s first year of operation and where the reporting year was less than a full year. In certain of those instances, the California franchise tax was based on the California income for the reporting year (due or accruable as of the close of the reporting year). Our holding that section 461(d) applies results in a limitation on petitioner’s deduction for California franchise tax to the amount accruable under California law as in effect before 1972. Significantly, during the years under consideration, petitioner was obligated for California franchise taxes under the regimen of the 1972 law. Under the 1972 law, petitioner was obligated for California franchise taxes in amounts equal to or larger than those computed under the pre-1972 law. In addition, petitioner paid a franchise tax liability for each taxable period beginning with the 1987 year, when it commenced business in California. The following table reflects the amounts of petitioner’s California franchise tax obligations (including respondent’s concession for the 1989 year) computed under the pre-1972 law andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011