BankAmerica Corporation, as successor in interest to Continental Bank Corporation, as successor in interest to Continental Illinois Corporation - Page 8

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          early 1995, shortly after the 1994 decision became final,                   
          petitioner contacted respondent regarding the issue of the                  
          inclusion of the 1979 amounts of ITC.  Discussions between                  
          petitioner and respondent continued throughout 1995, after which            
          petitioner timely filed a motion under Rule 261 to redetermine              
          the interest flowing from the stipulated 1994 computations with             
          respect to the 1977 and 1978 tax years.                                     


          Discussion                                                                  
               For the 1977 tax year, respondent has computed interest on a           
          deficiency of $11,733,7769 from December 31, 1977, to March 14,             
          1983.  For the 1978 tax year, respondent has computed interest on           
          a deficiency of $2,975,066 from December 31, 1977, to March 14,             
          1983.  Respondent has not given effect to amounts of 1979 ITC               
          which were carried back during the period 1980 through 1983                 
          because these amounts of ITC were ultimately displaced and not              
          used for the years at issue.                                                
               Petitioner claims that respondent has overcharged it for               
          interest by not taking into account the amounts of the 1979 ITC,            
          with the effect of charging petitioner interest on higher                   
          deficiency amounts.  Petitioner's position is that respondent               
          must, in plain terms, "give it credit" for the 1979 ITC which               


          9  There is an unexplained difference of $8,174 in this                     
          figure.  It is elsewhere listed as $11,725,602.  We use the                 
          figure from the stipulated 1994 computations.                               




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