- 4 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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