- 23 - 31, 1988. Charles Schwab Corp. & Includable Subs. v. Commissioner, supra at 297; Epoch Food Serv., Inc. v. Commissioner, 72 T.C. 1051, 1053 (1979). Accordingly, the Court in Schwab I found that the 1988 California franchise tax was assessed and accruable on December 31, 1988, on the basis of California law before the 1972 amendments. Because of that holding, there was no need for the Court to decide whether section 461(d) and the underlying regulations proscribed any acceleration caused by the 1972 amendments.12 Petitioner argues that section 461(d) was not intended to result in circumstances in which a taxpayer is not entitled to deduct any State tax in a particular year. More particularly, petitioner contends that the sole intent for enactment of section 461(d) was to prohibit acceleration of the accrual attributable to post-1960 State legislation that results in double deductions. On the other hand, respondent argues that section 461(d) and the regulations are unambiguous and a literal reading would result in no accrual or deduction of California franchise tax in petitioner’s 1989 year because it was deducted for petitioner’s short year ended December 31, 1988, and no additional deduction 12 Because of this Court’s holding in Schwab I, petitioner received two California franchise tax deductions in connection with the 1988 calendar year: One for its year ended Mar. 31, 1988 (computed on the basis of the 1987 California “income year”), and one for its short year ended Dec. 31, 1988 (computed on the basis of the 1988 California “income year”).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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