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Federation v. Commissioner, supra, includes references to section
6621(c), the Court did not address in that case the
Commissioner's determination that the taxpayer was liable for the
increased rate of interest applicable to large corporate
underpayments of tax. Id. at 223, 236 n.9. In addition, counsel
for petitioners conceded that the Court lacks jurisdiction as to
petitioners' liability for interest under section 6601(e)(2).
And, based on respondent's concession that no notice of
deficiency was issued to Pen Holdings for 1989, counsel for
petitioners also conceded that insofar as Pen Holdings is
concerned, the Court lacks jurisdiction as to the taxable year
1989.5
Following the hearing on respondent's motions, both parties
filed additional memoranda with the Court.
Discussion
The issue for decision in these cases is whether this Court
has jurisdiction to redetermine petitioners' liability for
interest computed at the increased rate prescribed by section
6621(c) on large corporate underpayments of tax. As explained in
greater detail below, we conclude that we lack jurisdiction to
redetermine such interest in these deficiency proceedings. We
leave for another day whether we have jurisdiction to determine
5Both parties recognized that the Court may consider Pen
Holdings' 1989 taxable year in determining its correct tax
liability for the years in issue. Sec. 6214(b).
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