- 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 requiredPage: 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