State Farm Mutual Automobile Insurance Company and Subsidiaries - Page 4

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          prior to 1995.2  Petitioner asserts the regular rate of interest            
          should continue to apply to the previously accrued interest after           
          January 1, 1995.                                                            
               As computed by petitioner, the overpayment interest that               
          should have been paid to petitioner is $65,288,523.47, which is             
          $4,375,689.66 greater than the $60,912,833.81 computed by                   
          respondent as the interest payable.                                         
               Respondent’s position, which was successfully asserted in              
          Gen. Elec. Co. v. United States, 384 F.3d 1307 (Fed. Cir. 2004),            
          affg. in part and remanding in part 56 Fed. Cl. 488 (2003), is              
          that the lower GATT rate should be applied as of January 1, 1995,           
          in calculating the compound interest on any previously accrued              
          interest attributable to that portion of an overpayment in excess           
          of $10,000.  Such interest would have been compounded at the                
          regular corporate overpayment rate up to that date.                         
               Petitioner timely filed a motion pursuant to section 7481(c)           
          and Rule 261 for a redetermination of the interest owed to it on            




               2The GATT amendment was enacted by the Uruguay Round                   
          Agreements Act, Pub. L. 103-465, sec. 713, 108 Stat. 4809, 5001             
          (1994).  The amendment was adopted as a revenue raiser in                   
          connection with the General Agreement on Tariffs and Trade                  
          (GATT). Interest computed pursuant to the amendment is generally            
          referred to as GATT interest and the revised interest rate as the           
          GATT rate.                                                                  






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