Stephen H. Glassley and Judith Glassley, et al. - Page 83

                                       - 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 of                       




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