- 10 - For purposes of further interest accrual on petitioners’ December 31, 1994, overpayment interest balance, it is statutorily placed in the second and only other basket. Petitioners’ interpretation of section 6621(a)(1) (that would place in a third basket interest accruing after December 31, 1994, on a corporation’s December 31, 1994, overpayment interest balance) stretches the language of section 6621(a) beyond logic. Disregarding fluctuations in the Federal short-term rate, the language of section 6621(a)(1) establishes a specific and definite overpayment interest rate where a corporation has made a tax overpayment for a year of $10,000 or less and another specific and definite overpayment interest rate where a corporation has made a tax overpayment in excess of $10,000.4 If or where the reduced GATT rate becomes applicable to a corporation for a year (because of a tax overpayment for the year in excess of $10,000), the flush language of section 6621(a)(1) does not provide its own, stand-alone, reduced interest rate that becomes applicable only to overpayments of tax. Rather, that language explicitly bumps the corporation back up into section 6621(a)(1)(B) and “substitutes” or replaces the “2 percentage points” therein with “0.5 percentage point”. In that situation, 4 We note in the language of sec. 6621(a) the definite article “the” –– “The overpayment rate”.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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