- 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 thatPage: 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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