- 16 - Circuit explained in rejecting the same argument in Fluor Corp. & Affiliates v. United States, 126 F.3d at 1404: While there is some force to that argument, in the end we do not find it persuasive. Section 6601(d) in effect codifies the rule of Seeley Tube and Koppers for all the carryback provisions that the statute covers. Fluor's argument is that because Congress codified the rule of Seeley Tube and Koppers for other carryback provisions, but not for the foreign tax carryback, the Seeley Tube-Koppers rule does not apply to the foreign tax carryback. We do not accept the contention that, by codifying the rule for some carrybacks, Congress must necessarily have meant to repudiate it for any carryback not included in the codification. Nor are we prepared to reach a different conclusion because of the failure of Congress, in the ensuing years from 1958 to 1997, to take action in respect of interest on underpayments involving carrybacks of foreign taxes. This position was also advanced and rejected in Fluor Corp. & Affiliates; the Court of Appeals for the Federal Circuit declared that Congress knew about Manning v. Seeley Tube & Box Co., supra, and United States v. Koppers Co., supra, and that since the rule of those cases: did not depend on specific legislation imposing deficiency interest, Congress had no need to legislate in order to ensure that deficiency interest would be imposed. Indeed, the contrary was true: In light of Seeley Tube and Koppers, an informed Congress would have assumed that specific legislation would be required if it intended deficiency interest not to accrue when a carryback eliminated a deficiency in the carryback year. [Fluor Corp. & Affiliates v. United States, 126 F.3d at 1404-1405.] Beyond the foregoing analysis, we again observe, see supra note 2, that, as a general rule, actions by subsequent CongressesPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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