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As indicated, respondent moved to dismiss for lack of
jurisdiction and to strike the allegations in the petitions
concerning petitioners' liability for interest. Respondent
contends that this Court lacks jurisdiction in these proceedings
to redetermine petitioners' liability for interest under sections
6601(e)(2) and 6621(c).
Petitioners filed objections to respondent's motions in
which they cited Ohio Farm Bureau Federation v. Commissioner, 106
T.C. 222 (1996), and Northwestern Indiana Telephone Co. v.
Commissioner, T.C. Memo. 1996-168, for the proposition that this
Court has the authority, by virtue of its jurisdiction to
redetermine deficiencies in tax, to redetermine a corporation's
liability for interest under section 6621(c). In the
alternative, petitioners argued in their objections that this
Court has jurisdiction to redetermine such interest after payment
and within 1 year of the date on which the decision of the Court
becomes final, pursuant to section 7481(c).
During the course of the oral argument on respondent's
motions, counsel for both parties acknowledged that the Court's
memorandum opinion in Northwestern Indiana Telephone Co. v.
Commissioner, supra, had been modified (by Order dated April 17,
1996) to eliminate all references to section 6621(c). The
parties also acknowledged that, although Ohio Farm Bureau
(...continued)
notice of deficiency is sent.
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