Intel Corporation and Consolidated Subsidiaries - Page 9

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          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.                                                    




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