- 11 - with respect to that corporation (and with respect to all overpayment interest accrual except that relating to the corporation’s tax overpayment up to $10,000), section 6621(a)(1) effectively provides only one interest rate –- the reduced GATT rate. In the above situation, in effect (for everything other than interest relating to a corporation’s tax overpayment up to $10,000) the regular interest rate, for practical purposes, is eliminated from the statutory language of section 6221, and there remains in section 6621(a)(1) only one interest rate –– the GATT rate -- that applies to all further interest accrual relating to corporate overpayments of tax and to accrual of compound interest thereon. Section 6621(a)(1) does not refer to overpayment “rates”. Once the GATT trigger occurs, then any and all further interest after December 31, 1994, relating to or associated with that excess corporate overpayment, is to accrue only at the reduced GATT rate. Our interpretation of the statutory language is supported by the holding of this Court in State Farm Mut. Auto. Ins. Co. v. Commissioner, 126 T.C. (2006), filed today, and also by the recent holdings of the Court of Appeals for the Federal Circuit and the U.S. Court of Federal Claims in Gen. Elec. Co. v. UnitedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011