- 15 - section 461(d) is not so limited in its application and that it proscribes any acceleration of the accrual of State tax produced by post-1960 legislation. Under respondent’s interpretation, petitioner would not be entitled to a franchise tax deduction for its 1989 calendar year.7 Respondent contends that the fact that petitioner does not receive a 1989 franchise tax deduction is due to unique factual circumstances surrounding petitioner’s 1989 reporting year. Conversely, petitioner’s interpretation of section 461(d), if correct, would result in franchise tax deductions greater than those originally claimed, including those for petitioner’s 1989 tax return. Section 164(a) generally provides for the deduction of qualified State and local taxes in the year paid or accrued. The California franchise tax is a type of tax that would normally be deductible under section 164(a). The application of section 164 was modified during 1960 by the enactment of section 461(d), 7 Petitioner’s original reporting position for 1989 was to claim a $932,979 deduction for California franchise tax and no deduction for its short taxable year ended Dec. 31, 1988. In Charles Schwab Corp. & Includable Subs. v. Commissioner, 107 T.C. 282 (1996) (Schwab I), affd. on another issue 161 F.3d 1231 (9th Cir. 1998), cert. denied 528 U.S. 822 (1999), it was decided that petitioner was entitled to deduct the $932,979 in its short taxable year ended Dec. 31, 1988, leaving the 1989 year with no deduction for California franchise tax. Petitioner then claimed that $1,806,588, originally deducted for 1990, should be deductible for 1989. In turn, respondent amended the answer in response to petitioner’s change from its reporting position.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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