- 3 - The parties agree that, for the taxable years 1979 and 1980, petitioner had foreign tax carrybacks from 1981 and 1982 as follows: Year Year Used Amount Originated 1979 $5,015,830 1981 1980 753,462 1981 4,574,958 1982 The parties disagree as to the effect, if any, of these carrybacks on the calculation of interest on the deficiencies for 1979 and 1980. The principal issue for decision is whether interest accrues on the portion of a deficiency that is eliminated by such carrybacks. If it does accrue, when does it end, i.e., at the close of the taxable year of the carryback or on the due date for the filing of the tax return for that year? We direct our attention, in the first instance, to the principal issue. Section 6601(a) provides that interest shall be paid on the amount of tax not paid on or before the last date prescribed for payment for the period from such last date to the date paid. The last date prescribed for payment of income tax is generally the due date for filing the return without regard to any extension of time for filing. Sec. 6601(b)(1). "In general, interest liability is determined under section 6601 synchronically, looking at the period during which interestPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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