- 22 - determining interest liability during the period January 1, 1980, to March 14, 1983. We disagree. In Manning v. Seeley Tube & Box Co., 338 U.S. 561 (1950), the Supreme Court held that the carryback of an NOL to abate a deficiency does not abate the interest accrued on that deficiency up until the date the NOL arises. Absent a clear legislative expression to the contrary, the "use of money" principle will apply to the accrual of interest on a deficiency. Id. at 566. The "use of money" principle is reflected in section 6601. Section 6601(a) provides for interest to be charged on a deficiency. Section 6601(d) provides that interest is not affected by a carryback before the filing date of the year in which the loss or credit arises.15 That is, the party who has the use of the money pays interest up until the event which causes the party no longer to have use of that money. In general, interest liability is determined under section 6601 synchronically, looking at the period during which interest accrues, without reference to future events, such as loss or credit carrybacks. This general principle, evident from the statute itself, is also clearly set forth in respondent's own rulings. 15 Sec. 6601(d) mentions specifically net capital losses, NOL's and ITC's, but is silent as to FTC's. See infra note 18.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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