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Penalty Additions to Tax
Docket No. Petitioner Year Deficiency Sec. 6621(c) Sec. 6653(a)(1) Sec. 6653(a)(2)
Sec. 6659 Sec. 6661
16922-90 Stuart A. and
Harriet J. Gollin 1979 1$11,888 3 4$594 --
$3,566 --
1980 12,728 3 4136 --
818 --
1982 9,348 3 467 5
2,804 6$2,337
19612-90 Myron and Patricia
Fishbach 1982 17,471 3 873.55 5
-- 2,941.75
21847-90 Charles Fredericks, Jr.
and Stephanie Fredericks 1982 2128,880 3 6,444 5
30,752.70 66,592.75
1The deficiencies in docket No. 16922-90 for taxable years 1979 and 1980 result all or in part from disallowance of
investment tax credit carrybacks and business energy credit carrybacks from taxable year 1982.
2The deficiency in docket No. 21847-90 arose in part from respondent's disallowance of certain tax benefits flowing
from petitioners Fredericks' investment in B & H Shipping Associates V (B & H Shipping). On May 30, 1991, the parties
filed a stipulation of settled issues resolving all of the issues related to the investment in B & H Shipping.
3Sec. 6621(c) was repealed by sec. 7721(b) of the Omnibus Budget Reconciliation Act of 1989 (OBRA 89), Pub.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. 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.
4The notice of deficiency in docket No. 16922-90 lists the additions to tax for negligence for taxable years 1979
and 1980 under sec. 6653(a)(1). For taxable years 1979 and 1980, the addition to tax for negligence was provided for
under sec. 6653(a).
550 percent of the interest payable with respect to the portion of the underpayment attributable to negligence.
Respondent determined that the portion of the underpayment attributable to negligence was $9,348 in docket No. 16922-90,
,767 in docket No. 19612-90, and $128,880 in docket No. 21847-90.
6The sec. 6661 determination is in the alternative to the sec. 6659 addition to tax.
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Last modified: May 25, 2011