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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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