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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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