- 8 - such carryback, nor was there any comment in the legislative history adverting to such a situation. The foregoing action by Congress was the subject of litigation culminating in Manning v. Seeley Tube & Box Co., supra, involving the propriety of charging interest on a deficiency which was later reduced by a net operating loss carryback. The Supreme Court held that the taxpayer was liable for the interest, reasoning that the net operating loss carryback provision did not alter the taxpayer's duty to pay the full tax when due. The Supreme Court found support for its conclusion in section 3771(e) of the 1939 Code (the predecessor of section 6611(f) of the 1954 Code) which, as pointed out above, specifically prohibited the taxpayer from receiving interest on "any" overpayment created by the use of a net operating loss carryback for the period prior to filing a claim for refund of such overpayment. The next step in the unfolding history came with the enactment of section 6601(d) of the 1954 Code, ch. 736, 68A Stat. 817, which codified the holding of Manning v. Seeley Tube & Box Co., 338 U.S. 561 (1950). At the same time, Congress enacted section 6611(f) (now section 6611(f)(1)), which contained the provisions prohibiting interest in respect of an overpayment. 68A Stat. 819. Thus, symmetry was provided in respect of the obligation for interest resulting from the use of a net operatingPage: 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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