State Farm Mutual Automobile Insurance Company and Subsidiaries - Page 6

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          The effective date of this change is described in the Uruguay               
          Round Agreements Act, sec. 713(b), 108 Stat. 5002:                          
                    (b)  Effective Date.-- The amendment made by this                 
               section shall apply for purposes of determining                        
               interest for periods after December 31, 1994.                          
               Section 6621(a)(1), effective after December 31, 1994,                 
          provides as follows:                                                        
               SEC. 6621.  DETERMINATION OF RATE OF INTEREST.                         
                    (a)  General Rule.--                                              
                         (1) Overpayment rate.--The overpayment rate                  
                    established under this section shall be the sum of                
                              (A) the Federal short-term                              
                         rate determined under subsection                             
                         (b), plus                                                    
                              (B) 3 percentage points (2                              
                         percentage points in the case of a                           
                         corporation)                                                 
                    To the extent that an overpayment of tax by a                     
                    corporation for any taxable period (as defined in                 
                    subsection (c)(3), applied by substituting                        
                    “overpayment” for “underpayment”) exceeds $10,000,                
                    subparagraph (B) shall be applied by substituting “0.5            
                    percentage point” for “2 percentage points”.                      
               By virtue of its placement in section 6621 and the effective           
          date description, this was a change in the rate of interest.                
          Petitioner maintains the scope of this change was limited to the            
          overpayment itself, not the interest on accrued interest.  In               
          addressing this question, we first examine the precedent in the             
          Court of Appeals for the Federal Circuit.                                   







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