The Charles Schwab Corporation and Subsidiaries - Page 14

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          the cost of severing Rose employees and terminating leases, and             
          closing down and liquidating unneeded Rose infrastructure.  On              
          the basis of internal judgment and experience, petitioner                   
          determined that 5 years was a suitable period for the Rose                  
          customers to be absorbed into petitioner and to bear the overhead           
          burdens in parity with petitioner’s existing accounts at the time           
          of acquisition.                                                             
                                       OPINION                                        
          I.   California Franchise Tax                                               
               This issue arises in connection with the parties’                      
          disagreement concerning the application and interpretation of               
          section 461(d) and section 1.461-1(d)(1), Income Tax Regs.                  
          Section 461(d) was enacted to proscribe the acceleration of State           
          and local tax deductions due to State or local legislation                  
          enacted after 1960.  Ultimately, this is a matter of timing and a           
          question of for which year(s) petitioner is entitled to deduct              
          California franchise tax.                                                   
               Petitioner’s position is that section 461(d) was enacted to            
          prevent situations where taxpayers might receive two franchise              
          tax deductions in the same taxable year.  The post-1960                     
          California legislation in question does not, in petitioner’s                
          factual circumstances, cause more than one deduction in any year            
          under consideration.  Conversely, respondent’s position is that             








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