John G. Goettee, Jr. and Marian Goettee - Page 59




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          effect for the disputed June 1-28, 1982, interest period,23                 
          provides that where the income tax has been reduced by                      
          carrybacks, interest is not to accrue for the period ending with            
          the last day of the taxable year in which the carried back item             
          arises.  The carryback to 1979, the disallowance of part of which           
          resulted in the 1979 deficiency, arose in 1981, and thus the                
          earliest date for interest on the 1979 underpayment is January 1,           
          1982.  This results in petitioners’ underpayment interest                   
          starting date matching the overpayment interest starting date               
          that they benefited from.                                                   



               22(...continued)                                                       
                    the taxable year in which the net operating loss or net           
                    capital loss arises.                                              
                         (2)  Certain credit carrybacks.--                            
                              (A) In general.--If any credit allowed for              
                         any taxable year is increased by reason of a                 
                         credit carryback, such increase shall not affect             
                         the computation of interest under this section for           
                         the period ending with the last day of the taxable           
                         year in which the credit carryback arises  * * *.            
               Sec. 1055(a) of TRA 1997, 111 Stat. 944, redesignated par.             
          (2) of sec. 6601(d) as par. (3).                                            
               23  Sec. 346(c)(2)(A) and (B) of TEFRA 1982, 96 Stat. at               
          637, 638, substituted the phrase “the filing date for” for the              
          phrase “the last day of” in each place the latter phrase appeared           
          in pars. (1) and (2)(A) of sec. 6601(d).  The amendments were               
          effective for interest accruing after Oct. 3, 1982.  TEFRA 1982             
          sec. 346(d)(2), 96 Stat. at 638.  Interest on petitioners’                  
          overpayment for 1979 accrued from Jan. 1 through June 16, 1982.             
          Thus, the amendments do not affect interest on petitioners’                 
          underpayment for 1979.                                                      





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