- 22 - 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.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