Intel Corporation and Consolidated Subsidiaries - Page 8

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          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 operating           





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