BankAmerica Corporation, as successor in interest to Continental Bank Corporation, as successor in interest to Continental Illinois Corporation - Page 21

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          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].                                                              




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