BankAmerica Corporation, as successor in interest to Continental Bank Corporation, as successor in interest to Continental Illinois Corporation - Page 2

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               amount of its deficiencies.  In year 6, a net operating                
               loss arose which was carried back to year 3.  The                      
               carryback of the year 6 loss displaced a year 3 foreign                
               tax credit, which was then carried back to years 1 and                 
               2, displacing the investment tax credit originally                     
               taken in those years.  R computed interest under sec.                  
               6601, I.R.C., from the end of year 3 to the due date of                
               the return for year 6 on deficiency amounts for years 1                
               and 2, calculated after the effect of the year 6 loss,                 
               without reducing the deficiencies by the amounts of ITC                
               taken from year 3 to year 6.  P filed a timely motion                  
               under sec. 7481(c), I.R.C., to redetermine interest.                   
               Held, P has made overpayments of interest for years 1                  
               and 2 because R should have taken the investment tax                   
               credit amounts into account in calculating interest                    
               accruing from the end of year 3 until the due date of                  
               the return for year 6 on deficiency amounts reduced by                 
               the investment tax credit carried back.                                


               Roger J. Jones and Jeffrey B. Frishman, for petitioner.                
               Pamela V. Gibson and Richard G. Goldman, for respondent.               


                                SUPPLEMENTAL OPINION                                  
               TANNENWALD, Judge:  A decision was entered in this case on             
          November 17, 1994, pursuant to a stipulated computation, in                 
          accordance with the opinion of the Court of Appeals for the                 
          Seventh Circuit in Continental Illinois Corp. v. Commissioner,              
          998 F.2d 513 (7th Cir. 1993), cert. denied 510 U.S. 1041 (1994).            
          On December 20, 1995, petitioner filed a timely motion under                
          section 7481(c)1 and Rule 261 to redetermine interest for the               


               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code in effect for the taxable years in                
          issue, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     




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