- 59 - 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.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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