Don Laverne Clarke - Page 8




                                        - 8 -                                         

          to redetermine a deficiency in tax generally does not extend to             
          statutory interest imposed under section 6601.  See Bax v.                  
          Commissioner, 13 F.3d 54, 56-57 (2d Cir. 1993), affg. an Order of           
          this Court; LTV Corp. v. Commissioner, 64 T.C. 589, 597 (1975);             
          see also Asciutto v. Commissioner, T.C. Memo. 1992-564, affd. 26            
          F.3d 108 (9th Cir. 1994).  Indeed, section 6601(e)(1) provides              
          that interest prescribed by section 6601 is treated as a tax                
          "except [for purposes of] subchapter B of chapter 63, relating to           
          deficiency procedures".  Because the effect of the parenthetical            
          language of section 6601(e)(1) is to exclude interest from the              
          definition of a "tax" for purposes of section 6211(a), it follows           
          that such interest is not a deficiency.  See White v.                       
          Commissioner, 95 T.C. 209, 213 (1990).  We are therefore                    
          precluded in the context of a deficiency action from deciding               
          whether respondent properly determined the amount of interest               
          imposed under section 6601.  But see sec. 7481(c) and Rule 261              
          regarding supplemental proceedings to redetermine interest on               
          deficiencies on taxes; cf. sec. 6404(i) and Rules 280-284                   
          regarding actions for review of failure to abate interest.                  
               Petitioner also contends that respondent erred in failing to           
          reduce the "deficiency" by the $750 remitted by petitioner.  We             
          disagree.                                                                   
               The term "deficiency" is a technical term which is defined             
          by the Internal Revenue Code.  See section 6211(a).  As relevant            





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011