Net Rate Interest Netting - Overpaid Estimated Taxes

ID:
Office:
UILC:
CCA_2010031517403148
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6621(d)
Number: 201016061
Release Date: 4/23/2010
From: ---
Sent: Monday, March 15, 2010 5:40:39 PM
To: ---
Cc: ---
Subject: FW: Netting case - memebers of consolidated group not same TP
Attachment: Energy EastCorp V. United States
Hi ---
---forwarded your memo in the ---, ---, --- case on 6621(d) concluding that the interest for overpayments from --- in pre-merger years could be netted with the interest payment for underpayments of --- in post-merger years.
This case below, Energy East Corporation, from the Federal Claims court seems to come to a different conclusion. In the case below, the corporations survived the merger unlike the --- case that merged into --- with --- surviving. I don't know if that makes a difference. Could we talk to see if we still think --- can use the overpayments by --- prior to the merger for interest netting after the Energy East decision? I suppose we don't want to take a position that is inconsistent with the court decision. But I would like to hear from you whether there is an IRS position on this.
Thank you.
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