- 60 - Putting it another way, as a result of the carryback(s), petitioners were deemed to have an overpayment as of January 1, 1982. As a result of the parties’ settlement in the deficiency litigation, it developed that petitioners were not entitled to the bulk of that overpayment. Because the overpayment and interest were calculated with a starting date of January 1, 1982, the resulting underpayment and interest also are calculated with a starting date of January 1, 1982. Petitioners’ contention that interest does not begin to accrue until the date respondent issued to petitioners the refund appears to hinge on the fact that they did not have actual use of respondent’s money until the date respondent issued the refund. Interest has been defined as compensation for the use or forbearance of money. Deputy v. du Pont, 308 U.S. 488, 498 (1940). In this sense, the payment of interest serves as a proxy for actual use of the money. Petitioners received interest on their 1979 refund which began to accrue as of January 1, 1982. Consistent with the definition of interest, petitioners are treated as having had the use of respondent’s money (i.e., what the parties agreed in their settlement papers was respondent’s money) as of January 1, 1982, even though they did not have actual use of the refunded dollars until respondent issued the refund for 1979.Page: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
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