- 25 - payment of the tax as initially shown on the returns. Certainly, the ITC is a payment of the tax as ultimately determined by this Court. The fact that the ultimate decision by this Court as to petitioner's tax liability was delayed by the litigation process is irrelevant. It is clear that these rulings reinforce petitioner's position and the application herein of the general rule of Manning v. Seeley Tube & Box Co., supra, and section 6601, that "the underlying objective is to determine in a given situation whose money it is and how long the other party had use of it." Rev. Rul. 82-172, 1982-2 C.B. 397. If respondent had use of petitioner's money, even in the form of a credit, during the relevant period, then respondent must take account of that money in computing interest on any deficiency. See also Rev. Rul. 85- 65, 1985-1 C.B. 366; Tech. Adv. Mem. 83-26-001 (Feb. 25, 1983); Tech. Adv. Mem. 86-24-002 (Dec. 5, 1985); Tech. Adv. Mem. 94-43- 007 (May 19, 1994).17 There are two exceptions to this general rule. See G.C.M. 39,359 (May 14, 1985). The first exception occurs in the case where there is "clear legislative expression" indicating that the 17 "[A]lthough the petitioners are not entitled to rely upon unpublished private rulings which were not issued specifically to them, such rulings do reveal the interpretation put upon the statute by the agency charged with the responsibility of administering the revenue laws." Hanover Bank v. Commissioner, 369 U.S. 672, 686 (1962) (fn. refs. omitted).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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