- 10 - 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 Sec. 6621(c) was repealed by sec. 7721(b) of the Omnibus Budget Reconciliation Act of 1989, Pub.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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