- 7 - ended December 31, 1988. In that return, petitioner did not claim a deduction for California franchise tax. Under the pre- 1972 California franchise tax law, the tax for the first short year (1987 in this case) was in the nature of an advance payment on the franchise tax for the first full year. The computation of the first full year’s tax was also an exception to the general pre-1972 franchise tax law and accrued on December 31 of the reporting year (1988). Petitioner’s 1988 obligation for franchise tax under the 1972 law was $932,979, the same amount as under the pre-1972 law. Petitioner, under the 1972 law, was obligated for and paid $932,979 in California franchise tax for 1988. For petitioner’s 1989 and later years, the pre-1972 franchise tax was measured by the California income of the prior year and accrued on January 1 of the reporting year. The 1972 law changed the accrual date from January 1 of the reporting year to December 31 of the prior year, thereby accelerating the accrual date. Under the 1972 law, the reporting and measuring year coincided so that the franchise tax obligation was based on the current year’s income. Accordingly, for petitioner’s 1989 and later years the amount of tax computed under the pre-1972 law differed from the amount computed under the 1972 law. Because petitioner’s income was increasing during the years underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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