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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
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