Intel Corporation and Consolidated Subsidiaries - Page 23

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               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.                                       








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