- 2 - Robert L. Moore II, Thomas D. Johnston, and Kevin Kenworthy, for petitioners. Robert M. Morrison, for respondent. OPINION SWIFT, Judge: This matter is before us on petitioners’ motions under section 7481(c) and Rule 261 for the Court to determine the correct amount of overpayment interest due petitioners.1 The primary issue presented is whether petitioners’ cumulative accrued overpayment interest balance outstanding on December 31, 1994, of approximately $1.6 billion (relating to petitioners’ consolidated Federal income taxes for 1979 through 1985) accrues compound interest thereafter until paid to petitioners at the regular corporate overpayment interest rate, as petitioners contend, or at the reduced overpayment interest rate applicable to large corporate overpayments, as respondent contends. In its discussion of essentially the same question of statutory interpretation presented herein, the Court of Appeals for the Federal Circuit in Gen. Elec. Co. v. United States, 384 F.3d 1307, 1309 (Fed. Cir. 2004), explained: 1 Unless otherwise indicated, all section references are to the Internal Revenue Code as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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