The Charles Schwab Corporation and Subsidiaries - Page 15

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          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.                





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