The Charles Schwab Corporation and Subsidiaries - Page 19

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          31, 1989.  The Court in Schwab I, however, held that the accrual            
          for petitioner’s short year ended December 31, 1988, was not                
          affected by the 1972 amendments.  Charles Schwab Corp. &                    
          Includable Subs. v. Commissioner, supra at 300.                             
               In holding that petitioner was entitled to the $932,979                
          franchise tax deduction for its short year ended December 31,               
          1988, the Court in Schwab I reasoned that the California                    
          franchise tax law, as it existed before the 1972 amendments,                
          would have permitted petitioner to accrue the $932,979 franchise            
          tax deduction as of December 31, 1988.  Id. at 298-300.                     
          Accordingly, the Court in Schwab I did not have to decide whether           
          section 461(d)(1) applied or whether it was triggered by                    
          California’s 1972 amendments.                                               
               In these cases, we consider petitioner’s entitlement to                
          deductions of California franchise tax for 1989 and later years.            
          As in Schwab I, respondent contends here that the 1972 amendments           
          trigger the application of section 461(d)(1).  Under respondent’s           
          position, petitioner would be limited to the accrual of franchise           
          tax on the January 1 date as provided for in the pre-1972                   
          California franchise tax statute.9                                          




               9 Under respondent’s interpretation, petitioner would not be           
          entitled to deduct the 1989 franchise tax until 1990, leaving a             
          gap in the 1989 year due to the holding in Schwab I.                        






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