- 61 - However, the period beginning January 1, 1982, includes a 12-day period--June 16-28, 1982--during which respondent had the money and for which respondent did not pay interest to petitioners. On brief, each side vigorously disputes the other side’s contentions as to this 12-day period. When we clear away the parties’ language of conflict, it appears that both sides contend that petitioners are not liable for any interest on account of this 12-day period. We conclude that the “use of money” principle leads to the result that both sides contend is the correct result. The parties are to give effect to this conclusion in the computations under Rule 155. We hold for respondent that interest on the 1979 underpayment begins to accrue on January 1, 1982, but does not accrue for the period June 16-28, 1982. 2. 1982 Petitioners’ refund for 1982 was not attributable to a carryback. Accordingly, the date of petitioners’ overpayment for 1982 is the first date when the amount of petitioners’ payments in respect of 1982 exceeds the amount of their liabilities for 1982. Sec. 301.6611-1(b), Proced. & Admin. Regs.24 Petitioners’ 24 Sec. 301.6611-1, Proced. & Admin. Regs., provides, in pertinent part, as follows: SEC. 301.6611-1. Interest on overpayments.-- * * * * * * * (continued...)Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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