Legal Opinion

Charles Schwab Corp. v. Commissioner

United States Tax Court

Decided November 14, 1996No. Docket No. 1271-92PublishedCited by 25 opinions

P, an accrual basis taxpayer, provides discount securities brokerage services for which it earns a commission fee. As a discount broker, P does not engage in activities, such as research and portfolio management, that are normally conducted by a full-service broker.

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P, an accrual basis taxpayer, provides discount securities brokerage services for which it earns a commission fee. As a discount broker, P does not engage in activities, such as research and portfolio management, that are normally conducted by a full-service broker. P executes a customer's order to buy or sell securities on the trade date, but the securities are not actually transferred and payment is not due until the settlement date, which was generally 5 days after the trade date. Between those dates, P performs certain functions to record, confirm, and book the customer's trade. P…

1Opinion of the Court

Ruwe, Judge:

Respondent determined deficiencies in petitioner’s Federal income taxes for the taxable years ending March 31 and December 31, 1988, in the amounts of $16,136,176 and $12,146,497, respectively.

After concessions, the issues remaining for decision are: (1) Whether petitioner must accrue brokerage commission income on the date a trade is executed or on the settlement date; and (2) whether petitioner is entitled to a deduction for its California franchise tax liability in the amount of $932,979 on its Federal income tax return for the 9-month period ending December 31, 1988.

Unless…

2Cases cited17 opinions

  1. Spring City Foundry Co. v. CommissionerSupreme Court of the United States · 1934
  2. Brown v. HelveringSupreme Court of the United States · 1934
  3. Commissioner v. HansenSupreme Court of the United States · 1959
  4. Schulde v. CommissionerSupreme Court of the United States · 1963
  5. Continental Tie & Lumber Co. v. United StatesSupreme Court of the United States · 1932

12 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Keith v. CommissionerUnited States Tax Court · 2000
  2. Charles Schwab Corp. v. Comm'rUnited States Tax Court · 2004
  3. Charles Schwab Corp. v. Comm'rUnited States Tax Court · 2004
  4. Massachusetts Mutual Life Insurance v. United StatesUnited States Court of Federal Claims · 2012
  5. Trinity Indus. v. Comm'rUnited States Tax Court · 2009

20 more not listed; retrieve them via the Exa API.

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