- 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 forPage: 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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