- 21 - made an overpayment under section 6601(d), which deals with the correct timing and application of loss and credit carrybacks.14 The parties agree that through the interplay of sections 46(a) and 172(b), the 1979 ITC was displaced as of March 15, 1983, for purposes of determining petitioner's ultimate tax liability. Respondent, however, contends that this displacement also means that the ITC may not be taken into account in 14 Sec. 6601(d) provides: Income Tax Reduced by Carryback or Adjustment for Certain Unused Deductions.-- (1) Net operating loss or capital loss carryback.--If the amount of any tax imposed by subtitle A is reduced by reason of a carryback of a net operating loss, or net capital loss such reduction in tax shall not affect the computation of interest under this section for the period ending with the filing date for the taxable year in which the net operating loss or net capital loss arises. (2) Certain credit carrybacks.-- (A) In general.--If any credit allowed for any taxable year is increased by reason of a credit carryback, such increase shall not affect the computation of interest under this section for the period ending with the filing date for the taxable year in which the credit carryback arises, or, with respect to any portion of a credit carryback from a taxable year attributable to a net operating loss carryback, capital loss carryback, or other credit carryback from a subsequent taxable year, such increase shall not affect the computation of interest under this section for the period ending with the filing date for such subsequent taxable year. (B) Credit carryback defined.--For purposes of this paragraph, the term "credit carryback" has the meaning given such term by section 6511(d)(4)(C) [referring to the carryback of business credits, including the ITC, under section 39].Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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