Intel Corporation and Consolidated Subsidiaries - Page 18

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          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.           





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