- 6 - petitioner’s actual obligations and payments under the 1972 law5 (000 omitted): 1987 1988 1989 1990 1991 1992 Pre-1972 $879 $932 $932 $1,806 $2,066 $3,778 1972 879 932 1,806 2,066 3,778 5,578 Petitioner commenced doing business in California on April 1, 1987, and for purposes of reporting California franchise tax it was on a calendar year basis. Under pre-1972 California law, the exception to the general rule applied for petitioner’s short 1987 year, and its $879,500 franchise tax liability accrued on December 31, 1987. That accrual fell within petitioner’s first Federal tax year ended March 31, 1988, and petitioner claimed an $879,500 deduction for California franchise tax on its first Federal tax return.6 The same liability and accrual date pertained under the 1972 California law. Complicating this situation, petitioner changed its Federal filing period from a fiscal year ending March 31 to a calendar year and filed a short year Federal return for the 9-month period 5 We note that in spite of the proscription of sec. 461(d), petitioner remains obligated to pay California franchise tax on the basis of the California law as modified by the 1972 law. In each year before the Court, the amount of tax petitioner paid is substantially greater than the amount that would have been due under the pre-1972 California franchise tax law. In effect, the question we consider is the amount by which sec. 461(d) may limit petitioner’s deduction. 6 Coinciding with the commencement of its business, petitioner’s first tax year for Federal income tax purposes was a fiscal year ended Mar. 31, 1988.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011