FPL Group, Inc. and Subsidiaries - Page 9

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          34) by adding the language now found in section 34(a)(3).9                  
               The text of the conference report provides, in part, as                
               This amendment provides procedures for the payment of                  
               amounts (under a new section 6427 of the Code) or for                  
               the crediting against income tax (under the existing                   
               section 39 of the Code) in the case of the retailers                   
               excise taxes on gasoline and special fuels. * * *                      
                    The amendment also provides that, in general, the                 
               time for filing claims for credit under section 39, and                
               the time for filing full-year claims by government                     
               bodies or exempt organizations for excise tax payments                 
               under specified sections of the Code, will be                          
               comparable to the time in which claim for credit or                    
               refund of income taxes may be filed.                                   
                    The House recedes with technical changes.  [Conf.                 
               Rept. 91-1074, at 51 (1970), 1970-1 C.B. 401, 407.]                    
               The conference report speaks of “procedures” to be made                
          available, in a parallel structure of relief by “payment”                   
          (section 6427) or by “crediting against income tax” (section 39).           
          The conference report does not suggest that section 6427 provides           
          the exclusive or otherwise controlling authority.                           
               The Senate report confirms our conclusion that sections 39             
          and 6427 were viewed by Congress as parallel authorities.  The              
          Senate report provides the following discussion regarding the               
          different treatments of credits against income tax and payments             
          under the excise tax provisions:                                            
                    Under the committee amendments, credits against                   
               income tax for gasoline, diesel fuels, special fuels,                  
               or lubricating oil tax (sec. 39) are to give rise to                   

               9See supra note 7.                                                     

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