Michael J. Heckler, a.k.a. Michael Vonheckler and Charlotte A. Miska - Page 10

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          affected items requiring factual determinations at the individual           
          partner level.  N.C.F. Energy Partners v. Commissioner, supra at            
          745.                                                                        
               With the foregoing as background, we turn first to                     
          respondent's Motion to Dismiss for Lack of Jurisdiction and to              
          Strike.  Respondent asserts that, under the circumstances                   
          presented, the Court lacks jurisdiction, either under its                   
          authority to redetermine a deficiency or under its authority to             
          determine an overpayment, to consider petitioners' liability for            
          interest imposed at the increased rate provided under section               
          6621(c).                                                                    
               Interest computed at the increased rate provided under                 
          section 6621(c) is imposed on a substantial underpayment of tax             
          that is attributable to a tax-motivated transaction.4  Because              
          the application of section 6621(c) turns on elements that are               
          specific to an individual partner, it follows that such interest            
          is correctly characterized as an affected item that cannot be               



               4  Sec. 6621(c) provides for interest at 120 percent of the            
          normal rate provided under sec. 6601.  Sec. 6621(c) is applicable           
          solely with respect to interest accruing after Dec. 31, 1984,               
          even though the transaction was entered into prior to the date of           
          enactment of sec. 6621(c).  Solowiejczyk v. Commissioner, 85 T.C.           
          552 (1985), affd. without published opinion 795 F.2d 1005 (2d               
          Cir. 1986).  Sec. 6621(c) was repealed by sec. 7721(b) of the               
          Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-239, 103             
          Stat. 2106, 2399, effective with respect to returns the due date            
          for which is after Dec. 31, 1989.                                           




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