- 83 - Glassley and petitioner Mahoney. Respondent also asserted by amended answer that the increased interest under section 6621(c) applied to petitioners Houser. Respondent has the burden of proof with respect to the increased interest asserted in the amendment to answer. Rule 142(a); Zirker v. Commissioner, 87 T.C. 970, 981 (1986). The increased rate of interest under section 6621(c) is 120 percent of the statutory rate imposed on underpayments under section 6601 if the underpayment exceeds $1,000 and is attributable to a tax-motivated transaction (as defined in section 6621(c)(3)). The increased interest is effective only with respect to interest accruing after December 31, 1984, notwithstanding that the transaction was entered into before that date. Solowiejczyk v. Commissioner, 85 T.C. 552 (1985), affd. per curiam without published opinion 795 F.2d 1005 (2d Cir. 1986). Respondent contends that the increased rate of interest under section 6621(c) applies because the research and development expense deductions that petitioners claimed resulted in a "substantial underpayment" attributable to a tax-motivated transaction. Section 6621(c)(3)(A) enumerates types of transactions that are considered "tax-motivated transactions". Furthermore, section 6621(c)(3)(B) gives the Secretary of the Treasury authority, by regulation, to add to the categories ofPage: Previous 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Next
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