Intel Corporation and Consolidated Subsidiaries - Page 22

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               calculating interest under the non-statutory deficiency                
               interest rule applicable to foreign tax carryovers.                    
               There was no statutory change made in 1982 with respect                
               to the foreign tax carryover, so we cannot attribute to                
               Congress the intention to have the foreign tax                         
               carryover timing rules follow the 1982 legislative                     
               change in the rules applicable to other carryovers.                    
               * * * [Id. at 1406.]                                                   
               We find this approach difficult to understand.  Having                 
          previously held that the absence of a specific statutory                    
          treatment did not preclude symmetrical treatment of interest on             
          underpayments and overpayments, as articulated by Manning v.                
          Seeley Tube & Box Co., supra, and United States v. Koppers Co.,             
          supra, a ruling that a deficiency for one year was not reduced by           
          a foreign tax carryback from a later year for purposes of                   
          calculating interest due, the Court of Appeals for the Federal              
          Circuit then proceeds to adopt an asymmetrical approach to the              
          issue of when interest on the amount of the deficiency offset by            
          the carryback ceases to accrue.  In so doing, the Court of                  
          Appeals for the Federal Circuit considered the specific provision           
          of section 6611(g) (now section 6611(f)(2)), dealing with                   
          cessation of interest in respect of foreign tax carrybacks where            
          an overpayment was involved (see supra p. 9), a barrier to                  
          recognizing the filing date of the return rather than the close             
          of the taxable year in which the carryback arose as the critical            
          date where an underpayment was involved and there was no                    
          applicable specific statutory provision.                                    






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