United States Federal Circuit

A judgment finding that corporate taxpayer had to pay interest on the full extent of certain deficiencies is affirmed where the trial court correctly concluded that an amount of tax is "paid" within the meaning of 26 U.S.C. section 6601(a) only by funds in the taxpayer's account for that tax year, and that the interest attributable to the underpayments resulting from credit elects for 1984 and 1985 was properly calculated for each taxable year from the March 15 due dates for the succeeding years' income taxes.

Appellate Information

• Decided 04/19/2007
• Published 04/20/2007

Judges

• Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John S. Brown, Bingham McCutchen LLP, of Boston, MA, argued for plaintiff-appellant.   With him on the brief were George P. Mair, Donald-Bruce Abrams, and Matthew D. Schnall.


• For Appellees:
  
• Francesca U. Tamami, Attorney, Tax Division, Appellate Section, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief were Eileen J. O'Connor, Assistant Attorney General, and Bruce R. Ellisen, Attorney.   Of counsel was Ellen Page Delsole, Attorney.