State Farm Mutual Automobile Insurance Company and Subsidiaries - Page 12

                                       - 12 -                                         
          changed his practice.  While both these circumstances may                   
          evidence confusion about how the change would be implemented, we            
          do not find that either point overcomes the logical meaning of              
          the statutory language itself.                                              
               The remaining issue is whether the $10,000 threshold is to             
          be applied to the highest total overpayment that previously                 
          existed or the amount at the effective date of the statutory                
          change.                                                                     
               Much of the controversy in Gen. Elec. Co. v. United States,            
          384 F.3d 1307 (Fed. Cir. 2004) centered on the question whether             
          the term “overpayment” as used in section 6621(a)(1) referred to            
          a single, cumulative amount for a particular taxable year (the              
          amount by which the tax paid for the year exceeded the tax                  
          liability for the year before any credits or refunds) or referred           
          instead to the amount owed to the taxpayer at a particular point            
          in time (e.g., the amount of any excess tax paid for a year that            
          remained unrefunded and uncredited on January 1, 1995).  Although           
          the two amounts could be the same in any given case, the issue              
          was important in Gen. Elec. Co. because the “single, cumulative             
          amount” of its 1978 overpayment had been fully refunded or                  
          credited before January 1, 1995, and the only “amount owed” to it           
          on that date was previously accrued interest, which the parties             
          agreed was not part of the “overpayment” as that term is used in            
          section 6621(a)(1) for purposes of defining the $10,000                     






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

Last modified: May 25, 2011