Intel Corporation and Consolidated Subsidiaries - Page 20

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               The same rationale applies to other situations pointed to by           
          petitioner where foreign tax credits are involved, e.g., a 10-              
          year statute of limitations for refunds of such credits, the                
          inapplicability of "quickie" refunds, and the relation back of              
          deductions in respect of disputed foreign taxes.                            
               The long and the short of the matter is that we think that             
          the statutory provisions are not so explicit as to require us to            
          conclude that Congress intended that interest be denied to a                
          taxpayer on overpayments due to carrybacks of foreign taxes but             
          that a taxpayer who fails to pay his taxes when due is relieved             
          of interest on the ground that such carrybacks reduce his                   
          underpayment.  This result would be "eccentric" if not "absurd",            
          adjectives that should be avoided when dealing with actions by              
          the legislature.  See Dunn Trust v. Commissioner, 86 T.C. 745,              
          755 (1986).                                                                 
               As we see it, the principle of symmetry in respect of the              
          obligation for interest owed to or by the Government is mandated            
          by the historical development of legislative and judicial action.           
          Such development has continued to reflect the continued vitality            
          of Seeley Tube & Box Co. and Koppers Co..  We hold, as did the              
          Court of Appeals for the Federal Circuit in Fluor Corp. &                   
          Affiliates, that an underpayment, i.e., a deficiency, is not                
          reduced by a carryback of foreign taxes for purposes of computing           
          interest.                                                                   





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