State Farm Mutual Automobile Insurance Company and Subsidiaries - Page 3

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                                     Background                                       
               Respondent issued a notice of deficiency with respect to               
          petitioner’s 1987 taxable year.  Petitioner filed a petition and            
          alleged that it had made an overpayment of tax for 1987 in the              
          amount of $56,900,746.  On December 19, 2002, this Court held               
          that petitioner had made such an overpayment for 1987.  State               
          Farm Mut. Auto. Ins. Co. v. Commissioner, 119 T.C. 342 (2002),              
          affd. 105 Fed. Appx. 67 (7th Cir. 2004).  The Court of Appeals              
          for the Seventh Circuit affirmed this Court’s decision on June              
          29, 2004.  No petition for certiorari was filed by or on behalf             
          of petitioner, and the decision of this Court became final on               
          September 27, 2004.  See sec. 7481(a)(2)(A).                                
               On December 15, 2004, respondent issued two checks                     
          aggregating $113,418,286.92 payable to petitioner.  The checks              
          ostensibly covered the amount of petitioner’s overpayment plus              
          statutory interest thereon.  Petitioner was furnished with a copy           
          of respondent’s computations supporting the total amount of the             
          checks.  In its motion, petitioner takes issue with respondent’s            
          computation of the overpayment interest payable to petitioner               
          because respondent computes interest using a reduced rate set               
          forth in section 6621(a)(1), which is commonly referred to as the           
          GATT rate after 1994 in compounding the interest that had accrued           









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