David C. Wilson - Page 3

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          $37,959.55 and also determined that interest on deficiencies                
          accruing after December 31, 1984, would be calculated at 120                
          percent of the statutory rate under section 6621(c).2  In a                 
          notice of deficiency, respondent determined the following                   
          deficiencies in and additions to Sorey's Federal income taxes:              
          Increased                                                                   
                          Interest                    Additions to Tax                
          Year   Deficiency  Sec. 6621(c)  Sec. 6653(a)(1)  Sec. 6653(a)(2)   Sec. 6659
          1978    $10,022           1              ---              ---        $3,006.60
          1979        382          ---             ---              ---           114.60
          1981     11,737           1            $586.85             2          3,521.10
               1120 percent of the interest payable under sec. 6601 with respect to any
          substantial underpayment attributable to tax-motivated transactions.        
               250 percent of the interest payable with respect to the portion of the 
          underpayment attributable to negligence.                                    
          The deficiencies in the Sorey case, docket No. 7908-89, for                 
          taxable years 1978 and 1979 result from disallowance of                     
          investment tax credit carrybacks and business energy credit                 
          carrybacks from taxable year 1981.  In addition to the above                
          deficiencies and additions to tax, in amended answers, respondent           
          asserted the following:  (1) In the Wilson case, docket No.                 


          2                                                                           
               The notice of deficiency in the Wilson case, docket No.                
          21243-85, refers to sec. 6621(d).  This section was redesignated            
          as sec. 6621(c) by sec. 1511(c)(1)(A) of the Tax Reform Act of              
          1986, Pub. L. 99-514, 100 Stat. 2085, 2744, and repealed by sec.            
          7721(b) of the Omnibus Budget Reconciliation Act of 1989 (OBRA              
          89), Pub. L. 101-239, 103 Stat. 2106, 2399, effective for tax               
          returns due after Dec. 31, 1989, OBRA 89 sec. 7721(d), 103 Stat.            
          2400.  The repeal does not affect the instant cases.  For                   
          simplicity, we shall refer to this section as sec. 6621(c).  The            
          annual rate of interest under sec. 6621(c) for interest accruing            
          after Dec. 31, 1984, equals 120 percent of the interest payable             
          under sec. 6601 with respect to any substantial underpayment                
          attributable to tax-motivated transactions.                                 




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