- 18 - Petitioner commenced business in California during 1987 and for its Federal tax year ended March 31, 1988, deducted $879,500 for California franchise tax paid on its 1987 California franchise tax income. That deduction was based on a January 1, 1988, accrual date. Respondent did not question that deduction. Instead, the controversy in Schwab I concerned whether petitioner was entitled to a $932,979 franchise tax deduction for its short (9-month) Federal tax year ended December 31, 1988.8 In that case, respondent argued that petitioner was not entitled to the $932,979 franchise tax deduction for its short 1988 calendar year because the 1972 amendments in California law (1972 amendments) resulted in a proscribed acceleration of the accrual under section 461(d)(1). In particular, respondent argued that the 1972 amendments, which changed the accrual date from January 1 to the preceding December 31, caused the section 461(d)(1) proscription to apply. Under respondent’s argument petitioner would not have been entitled to claim the $932,979 franchise tax deduction until its calendar year ended December 8 Petitioner, for purposes of reporting Federal tax, converted from a Mar. 31 fiscal year to a Dec. 31 calendar year during 1988 so that its calendar year ended Dec. 31, 1988, was a short year consisting of 9 months. Petitioner had not deducted the $932,979 on its Federal return for the short year ended Dec. 31, 1988. Instead, it had deducted that amount on its 1989 Federal return. In Schwab I, petitioner changed from its reporting position and claimed the $932,979 for the short Federal tax year ended Dec. 31, 1988, leaving the 1989 Federal year without a deduction for California franchise tax.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011