Intel Corporation and Consolidated Subsidiaries - Page 21

                                       - 21 -                                         

               This leaves us with the question of when the interest stops            
          accruing on the portion of the reductions of the deficiencies               
          attributable to the foreign tax carrybacks.  In the Tax Equity              
          and Fiscal Responsibility Act of 1982, Pub. L. 97-248, sec.                 
          346(c), 96 Stat. 637, Congress changed the effective dates of               
          carryback credits in all of the carryback interest provisions for           
          both overpayments and deficiencies from the last day of the                 
          taxable year in which the credit arose to the due date for filing           
          the return for that year.  This change was effective for interest           
          accruing after October 3, 1982.                                             
               In Fluor Corp. & Affiliates v. United States, supra, the               
          taxpayer used a foreign tax carryback from 1984 to offset a                 
          deficiency in its 1982 tax.  The Court of Appeals for the Federal           
          Circuit held that the accrual of interest on the amount of the              
          1982 deficiency represented by the carryback ended as of the                
          close of the taxable year in which the carryback became                     
          available, not on the due date of the taxpayer's return for that            
          year.  Id. at 1406.  It selected the close of the taxable year,             
          because that was the date in the interest provisions as they                
          existed in 1958, when the foreign tax carryback and carryover               
          provision (section 904(c)) was enacted.  The Court of Appeals               
          reasoned:                                                                   
                    Although Congress in 1982 changed the timing rules                
               for interest on carrybacks covered by section 6601(d),                 
               * * * , we decline the government's invitation to treat                
               that legislative change as if it changed the period for                




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  Next

Last modified: May 25, 2011