BankAmerica Corporation, as successor in interest to Continental Bank Corporation, as successor in interest to Continental Illinois Corporation - Page 9

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          reduced its 1977 deficiency to $3,777,997 during the period                 
          January 1, 1980, to March 14, 1983, and reduced its 1978                    
          deficiency to $2,530,339 during the same period, and charge it              
          interest on those lesser deficiency amounts during that period.             
          Petitioner's claim is based on the notion that respondent had use           
          of the money represented by the 1979 ITC "payment" during the               
          "interim" period from January 1, 1980, to March 14, 1983, and               
          cannot now charge petitioner for the use of that money.                     
               Petitioner alleges that the amounts of ITC, which were                 
          included in the Rule 155 computations that were prepared in 1992            
          before a decision was rendered by the Court of Appeals for the              
          Seventh Circuit, were erroneously left out of the 1994                      
          computations.10  Due to the effects of the subsequent carryback             
          of the NOL from 1982, the inclusion or exclusion of the amounts             
          of 1979 ITC does not alter the underlying net tax liability for             
          either taxable year.  Petitioner does not contest in any way its            
          tax liability for the deficiencies as reflected in the 1994                 
          decision.                                                                   
               Section 7481(c) provides:                                              
               Jurisdiction Over Interest Determinations.--                           
               Notwithstanding subsection (a), if --                                  
                         (1) an assessment has been made by the                       
                    Secretary under section 6215 which includes                       
                    interest as imposed by this title,                                



          10  See appendix and discussion infra page 16.                              




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