- 9 - carryback whether an underpayment or overpayment was involved.3 In one respect, the prior provision dealing with an overpayment and its application to deficiencies by the Supreme Court in Manning v. Seeley Tube & Box Co., supra, was changed in that the commencement of the running of interest on an overpayment was moved to the close of the taxable year of the loss. See infra p. 21. In 1955, in United States v. Koppers Co., supra, the Supreme Court held that relief in the form of a reduction in excess profits tax did not release the taxpayer from the obligation to pay interest on the original deficiency liability until the time the reduction in tax occurred. Although the Code contained no specific provision dealing with interest with respect to deficiencies abated by the excess profits tax adjustment, the Supreme Court, as in Manning v. Seeley Tube & Box Co., supra, relied on the general deficiency interest provision (now section 6601(a)) and a provision prohibiting interest for the similar period on overpayments created by such adjustment (now section 6611(f)). When Congress enacted section 904(c) in the Technical Amendments Act of 1958, Pub. L. 85-866, sec. 42(a), 72 Stat. 3 The 1954 Code provision did not include unused excess profits tax carrybacks presumably because the excess profits tax had expired on Jan. 1, 1954.Page: 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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