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interest on overpayments as in the case of other income
tax credits. On the other hand, payments under the
excise tax provisions (secs. 6420, 6421, 6424, and
6427) for the gasoline, diesel fuels, special fuels, or
lubricating oil taxes, as the case generally with
regard to excise taxes (and as under present law), are
made without interest being paid to the taxpayer. [S.
Rept. 91-706, at 23 (1970), 1970-1 C.B. 386, 399.]
The Senate report does not suggest that the credits
available under section 39 were created or limited by section
6427. The Senate report also notes the extension of the time
within which a section 6427 claim may be made “will make the
filing of full-year claims (but not the quarterly claims) for
refunds (under secs. * * * 6427) similar to the new rule for
claims for credits against income tax (under sec. 39).” S. Rept.
91-706, supra at 23, 1970-1 C.B. at 399. Thus, the relief
afforded by sections 39 and 6427 appears to have been intended to
be equal in authority and effect.
III. Conclusion
For the foregoing reasons, we deny respondent’s motion for
partial summary judgment, and we hold that petitioner is not
barred by the so-called “one claim” rule of section 6427(i)(1)
from obtaining a credit for fuel tax under section 34(a)(3).
An appropriate order will be
issued denying respondent’s motion
for partial summary judgment.
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