- 23 - We are not persuaded that the absence of a specific statutory counterpart to section 6611(g) dealing with interest on overpayments (which was specifically amended by TEFRA) provides a sufficient basis for reaching the opposite result in respect of the applicable date when an underpayment is involved. Such a consequence, at the very least, suggests eccentric action by the Congress, a concept we are not prepared to adopt under the circumstances herein. See J.C. Penney Co. v. Commissioner, 312 F.2d 65, 68 (2d Cir. 1962), affg. 37 T.C. 1013 (1962). In short, with all due respect to the Court of Appeals for the Federal Circuit, we opt for the same symmetrical disposition of the cutoff date in respect of interest as was accorded the obligation to pay interest where an excess foreign tax carryback is involved. Petitioner has excess foreign tax carrybacks from 1981 and 1982 to reduce its deficiencies for 1979 and 1980. The interest on the 1981 carryback is not affected by the TEFRA amendments. The carryback from 1981 became effective as of the last day of the taxable year 1981 (December 31, 1981), and the carryback from 1982 became effective as of the due date of the return for that year (March 15, 1983). We hold that the interest accrues until such dates as computed by respondent.Page: 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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