Section 24677 Of Article 3. Year Of Inclusion From California Revenue And Taxation Code >> Division 2. >> Part 11. >> Chapter 13. >> Article 3.
24677
. (a) If an amount representing damages is received or accrued
by a corporation during a taxable year as a result of an award in a
civil action for breach of contract or breach of a fiduciary duty or
relationship, then the tax attributable to the inclusion in gross
income for the taxable year of that part of the amount that would
have been received or accrued by the corporation in a prior taxable
year or years but for the breach of contract, or breach of a
fiduciary duty or relationship, shall not be greater than the
aggregate of the increases in taxes that would have resulted had that
part been included in gross income for that prior taxable year or
years.
(b) A corporation in computing the tax shall be entitled to deduct
all credits and deductions for depletion, depreciation, and other
items to which it would have been entitled, had the income been
received or accrued by the corporation in the year during which it
would have received or accrued it, except for the breach of contract
or for the breach of fiduciary duty or relationship. The credits,
deductions, or other items referred to in the prior sentence,
attributable to property, shall be allowed only with respect to that
part of the award which represents the corporation's share of income
from the actual operation of the property.
(c) Subdivision (a) shall not apply unless the amount representing
damage is three thousand dollars ($3,000) or more.