Exxon Mobil Corporation and Affilliated Companies, f.k.a. Exxon Corporation and Affiliated Companies - Page 10

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               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”.                                    






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