Intel Corporation and Consolidated Subsidiaries - Page 17

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          carry minimal weight.  We think this is especially the case where           
          the attempt to use the record of legislative action, upon which             
          petitioner relies, is directed to turning a legislative silence             
          into an inferred relief from the overriding rule of section                 
          6601(a) that interest is due on taxes owed to the Government.               
          Our view in this regard is reinforced by the fact that when the             
          rule of no reduction in computing an underpayment by virtue of a            
          carryback of excess foreign taxes was enacted in 1997, see supra            
          p. 12, the legislative history makes clear that it was intended             
          to overrule the decision of the Court of Federal Claims in Fluor            
          Corp. & Affiliates v. United States, 35 Fed. Cl. 520 (1996),                
          which allowed a foreign tax carryback to reduce an underpayment             
          for purposes of computing interest, and that the Congress                   
          believed that the rule should be the same for both underpayments            
          and overpayments.  See H. Conf. Rept. 105-220, 575-576 (1997); S.           
          Rept. 105-33, 178-179 (1997); H. Rept. 105-148, 551-552 (1997).6            
          The committee reports specifically comment that no inference is             
          to be drawn under prior law as to the proper computation of                 
          interest on an underpayment when there is a carryback of excess             
          foreign taxes.                                                              
               One final element in the more than 50 years of history is              
          involved in resolving the principal issue before us.  Petitioner            

          6  The 1997 legislation was enacted before Fluor Corp. &                    
          Affiliates v. United States, 126 F.3d 1397 (1997), revg. 35                 
          Fed.Cl. 520 (1996).                                                         




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