Intel Corporation and Consolidated Subsidiaries - Page 12

                                       - 12 -                                         

               As is apparent, none of the legislative actions dealt with             
          foreign tax carrybacks.  In 1982, however, Congress did enact               
          amendments to sections 6601(d) and 6611(f) substituting "the                
          filing date * * * for" in place of "the last day of" or "the                
          close of the taxable year".  See Tax Equity and Fiscal                      
          Responsibility Act of 1982 (TEFRA), Pub. L. 97-248, sec.                    
          346(c)(1) and (2), 96 Stat. 637.  Then, in 1984, those sections             
          were further amended to take into account the elimination of the            
          carryback of unused deductions of life insurance companies.  See            
          Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 211(b)(26)              
          and (27), 98 Stat. 757.  Finally, in 1997, Congress enacted                 
          section 6601(d)(2) in the Taxpayer Relief Act of 1997, Pub. L.              
          105-34, sec. 1055(a), 111 Stat. 944, effective for foreign tax              
          carrybacks arising in taxable years beginning after August 5,               
          1997.  Thus, although this provision is not applicable to the               
          issue now before us, it moots this issue for the future.                    
               The foregoing provides a background for our consideration              
          of petitioner's arguments and the impact of a recent decision,              
          Fluor Corp. & Affiliates v. United States, 126 F.3d 1397 (Fed.              
          Cir. 1997), which involved the identical issue for decision                 
          herein.  In that case, the Court of Appeals for the Federal                 
          Circuit concluded that the reasoning of Manning v. Seeley Tube &            
          Box Co., 338 U.S. 561 (1950), and United States v. Koppers Co.,             
          348 U.S. 254 (1955), applied and that the taxpayer was required             





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011