The Charles Schwab Corporation and Subsidiaries - Page 11

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          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 tax           






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