- 27 -                                         
          originally took FTC's in 1958 and 1959.  In 1961, an NOL arose,             
          which was carried back and displaced the FTC's from 1958 and                
          1959.  The taxpayer then decided to deduct the foreign taxes                
          (instead of taking them in the form of a credit) in 1958 and                
          1959.  The court held that the taxpayer owed interest as if FTC's           
          had not been invoked in the first place, but rather as if the               
          taxes had been deducted initially, because the later decision to            
          change from a credit to a deduction related back to the time the            
          credits or deductions arose, at the beginning of the interest               
          period.                                                                     
               General Dynamics Corp. v. United States, supra, is clearly             
          distinguishable.  In the instant case, petitioner has not                   
          attempted to deduct items previously reflected in a credit, or to           
          change the nature of a previously claimed credit, nor has it                
          claimed any new deductions against its 1977 or 1978 income.                 
          Here, a credit was replaced not with a deduction, but with                  
          another credit.  In Rev. Rul. 66-317, 1966-2 C.B. 510, the                  
          replacement of a credit with a loss did not produce an interim              
          interest liability.  We are unable to see how petitioner's                  
          replacement of a credit with a credit (ITC for FTC) could produce           
          such a liability herein.                                                    
               It is clear that the general use-of-money principle                    
          enunciated in Manning v. Seeley Tube & Box Co., supra, reflected            
          in section 6601(d), and illustrated in respondent's rulings,                
          applies to the facts of this case.  For the application of that             
Page:  Previous   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   NextLast modified: May 25, 2011