- 11 - was not entitled to any California franchise tax deduction for 1989. Conversely, petitioner claimed that it was entitled to $1,806,588 (more than the amount it had claimed on its 1989 return). We resolved that controversy, as framed, by holding that section 461(d) applied and that petitioner was not entitled to any franchise tax deduction for 1989. After we issued our Opinion in Schwab II, respondent, in his motion for reconsideration, conceded that petitioner is entitled to a $932,979 franchise tax deduction for 1989. The concession is based on respondent’s current view that under the pre-1972 California franchise tax statute, petitioner would have been obligated for $932,979 of franchise tax for 1989 even though the Court in Schwab I had decided that the same amount was allowable for petitioner’s short year ended December 31, 1988. Because the Court in Schwab I allowed petitioner a $932,979 deduction for its short year ended December 31, 1988, respondent’s concession of the $932,979 for 1989 appears incongruent. The perceived discrepancy is rooted in the fact that petitioner did not claim a franchise tax deduction for its short year ended December 31, 1988, and the allowance of that amount by the Court in Schwab I would seem to preempt a deduction for the following period. In reality, however, petitioner’s obligation for 1989 California franchise tax accrued and was paid under the 1972 law. Petitioner’s actual California franchise taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011