- 13 - 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 whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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