- 18 - suggests on brief, but without any evidentiary support, that respondent adopted the interpretation advanced by petitioner and administratively reduced deficiencies by carrybacks of excess foreign taxes for the purpose of computing interest. Presumably, petitioner seeks to establish an administrative practice which could be taken into account in interpreting an ambiguous statute. See BankAmerica Corp. v. Commissioner, 109 T.C. at 16 (citing Hanover Bank v. Commissioner, 369 U.S. 672, 686 (1962)). A similar argument was made by the taxpayer in Fluor Corp. and rejected by the Court of Appeals for the Federal Circuit. See Fluor Corp. & Affiliates v. United States, 126 F.3d at 1405. We have traveled a complicated path in an effort to discern an answer to the choice before us. That choice is whether: (1) We should hold for petitioner on the ground that there is a loophole which we should leave to Congress to close (as it has done for the future), or (2) we should hold for respondent on the ground that there is at most a "glitch" in the statutory framework and that the statutory provisions are sufficiently "elastic" (United States v. Koppers Co., 348 U.S. at 264), to accord, as the Court of Appeals for the Federal Circuit has done in Fluor, compelling effect to section 6601(a) and continued vitality to Seeley Tube & Box Co. and Koppers Co. so as to hold that an underpayment, i.e., deficiency, is not reduced by a carryback of foreign taxes for the purpose of computing interest.Page: 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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