Intermet Corporation & Subsidiaries - Page 13




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               In sum, we conclude that the expenses in question fit within           
          the plain language of section 172(f)(1)(B).  Under the                      
          circumstances, we are not persuaded by respondent’s arguments               
          that we should narrowly construe the provision to exclude those             
          expenses or that respondent’s interpretation of section                     
          172(f)(1)(B) is compelled by the legislative history of the                 
          provision.                                                                  
               Additionally, we reject respondent’s argument that all                 
          interest (Federal and State) that accrued within 3 years of                 
          January 1, 1992, should be excluded from the computation of                 
          petitioner’s specified liability losses.  Respondent relies on              
          section 172(f)(1)(B)(i), which provides that, to qualify as a               
          specified liability loss, the act (or failure to act) giving rise           
          to such liability must occur at least 3 years before the                    
          beginning of the taxable year.  Respondent contends that the act            
          giving rise to interest on a tax deficiency arises daily as the             
          taxpayer fails to pay the underlying tax.                                   
               We hold that the act giving rise to petitioner’s liability             
          for interest on its Federal and State tax deficiencies was the              
          act of filing erroneous tax returns, and, as a consequence,                 
          failing to pay the correct amount of tax on or before the last              
          date prescribed for payment.  See Host Marriott Corp. v. United             
          States, supra.  Simply put, respondent’s position confuses the              
          method of computing interest under section 6621, under which                






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