Marcia Tyrrell - Page 9

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          year.  Drieborg v. Commissioner, 225 F.2d 216, 219-220 (6th Cir.            
          1955), affg. in part and revg. in part a Memorandum Opinion of              
          this Court.  With respect to subparagraphs (A) and (B) of section           
          6653(b)(1),3 applicable to petitioner's taxable year 1987 and               
          subsection 6653(b)(1),4 applicable to petitioner's taxable year             

          3Sec. 1503(a) of the Tax Reform Act of 1986, Pub. L. 99-514,                
          100 Stat. 2085, 2742-2743, amended sec. 6653(b) effective for               
          returns the due date of which, determined without regard to                 
          extensions, was after December 31, 1986.  Following its                     
          amendment, sec. 6653(b) provides in pertinent part:                         
                    (1) In general.--If any part of any underpayment                  
               * * * of tax required to be shown on a return is due                   
               to fraud, there shall be added to the tax an amount                    
               equal to the sum of--                                                  
                         (A) 75 percent of the portion of the                         
                    underpayment which is attributable to fraud,                      
                    and                                                               
                         (B) an amount equal to 50 percent of                         
                    the interest payable under section 6601 with                      
                    respect to such portion for the period                            
                    beginning on the last day prescribed by law                       
                    for payment of such underpayment (determined                      
                    without regard to any extension) and ending                       
                    on the date of the assessment of the tax or,                      
                    if earlier, the date of the payment of the                        
                    tax.                                                              
                    (2)  Determination of portion attributable to                     
               fraud.--If the Secretary establishes that any portion                  
               of an underpayment is attributable to fraud, the                       
               entire underpayment shall be treated as attributable                   
               to fraud, except with respect to any portion of the                    
               underpayment which the taxpayer establishes is not                     
               attributable to fraud.                                                 
          4Sec. 1015(b)(2)(B) of the Technical and Miscellaneous                      
          Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3569,                 
          amended sec. 6653(b)(1) effective for returns the due date for              
          which, determined without regard to extensions, is after December           
                                                             (continued...)           




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