FPL Group, Inc. and Subsidiaries - Page 8

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          afforded petitioner under section 34.  Section 6427(k)(3)                   
          provides:  “For allowances of credit against the income tax                 
          imposed by subtitle A for fuel used or resold by the purchaser,             
          see section 34.”  The plain language of section 6427(k)(3)                  
          indicates that credits are provided in section 34, not section              
          6427.  Indeed, section 34(b) contemplates that a taxpayer may               
          have made claims for payment under section 6427 and disallows               
          credit only to the extent it duplicates such claims.                        
               Respondent argues that section 6427(i), which generally                
          prohibits the filing of more than one claim for payment,                    
          prohibits any credit if the taxpayer has made a prior claim for             
          credit under section 6427(k).  But section 6427(i) imposes the              
          “one claim” rule only with respect to claims for payment made               
          under specified subsections.  Subsection (k) is not one of the              
          specified subsections in subsection (i).  And as previously                 
          explained, claims for credit are made under section 34, not                 
          section 6427(k).                                                            
               The legislative history of the Airport and Airway Revenue              
          Act of 1970, Pub. L. 91-258, sec. 207, 84 Stat. 246, which added            
          section 6427 to the Code, supports our view that sections 34 and            
          6427 are parallel authorities.  Section 207(a) of that act added            
          section 6427 to the Code, while section 207(c) of the act, 84               
          Stat. 248, amended the existing section 39 (which is now section            

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