Theodore A. Andros and Joan B. Andros - Page 58

                                        -58-                                          
         552, 555-557 (1985), affd. without published opinion 795 F.2d 1005           
         (2d Cir. 1986).  An underpayment is substantial if it exceeds                
         $1,000.  Sec. 6621(c)(2).  The phrase “tax-motivated transactions”           
         includes straddles and transactions lacking a profit motive.  See            
         Ewing v. Commissioner, 91 T.C. at 422-423.                                   
              We have concluded that petitioner and Mr. Illingworth formed            
         Tandrill for the purpose of generating tax benefits.  Moreover, the          
         $1,000 statutory threshold is surpassed in this case for both                
         taxable years in issue.  Consequently, petitioners’ underpayments            
         based on the losses attributable to tax-motivated transactions are           
         subject to the additional interest provided by section 6621(c).  We          
         hold that petitioners are liable for the increased rate of interest          
         under section 6621(c) on the entire underpayments for 1976 and 1980.         
              To reflect the foregoing,                                               
                                                      Decision will be               
                                                 entered under Rule 155.              



















Page:  Previous  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  Next

Last modified: May 25, 2011