- 10 - 1639, it also enacted section 6611(g) (now section 6611(f)(2)) which provided: if any overpayment of tax results from a carryback of tax paid or accrued to foreign countries or possessions of the United States, such overpayment shall be deemed not to have been paid or accrued prior to the close of the taxable year under this subtitle in which such taxes were in fact paid or accrued.[4] [Technical Amendments Act of 1958, Pub. L. 85-866, sec. 42(b), 72 Stat. 1640.] The legislative history sheds little light on the question now before us. Beyond reiterating the above provisions, such history addresses only: (1) The purpose of section 904(c), i.e., to eliminate the double taxation that could result from timing differences between the methods of reporting income of the United States and the foreign country and the foreign tax credit limitations existing at that time; and (2) the mechanics of determining the amounts of the foreign tax carryback and carryover to be applied to the appropriate years specified in section 904(c). H. Rept. 775, 85th Cong., 1st Sess. (1957), 1958-3 C.B. 811, 837-838, 892-895. Congress did not include in the 1958 legislation a provision, like the one it had enacted in 1954 for net operating 4 Sec. 6611(g) was amended, effective for interest accruing after Oct. 3, 1982, to replace "the close of the taxable year" with "the filing date (as defined in subsection (f)(3)) for the taxable year". Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. 97-248, sec. 346(c)(1)(D), 96 Stat. 637. Sec. 6611(f)(3) defines "filing date" as the last date prescribed for filing the return, without regard to extensions. See also discussion infra pp. 22-23.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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