[an error occurred while processing this directive] Legal Research - Lawyer, Attorney, Law Firm, Paralegal


                                       - 21 -                                         
          statutory interest at an increased rate.  Given the commonality             
          of purpose of the two provisions, it is wholly appropriate to               
          draw a negative inference from the fact that Congress expressly             
          granted this Court jurisdiction in former section 6621(c)(4) but            
          failed to do the same in present section 6621(c).  In this                  
          regard, a brief recapitulation of the various elements of our               
          analysis will buttress the point and expose the inherent weakness           
          in petitioners' position.                                                   
               As previously discussed, this Court's jurisdiction to                  
          redetermine a deficiency in tax generally does not extend to                
          statutory interest imposed under section 6601.  Significantly,              
          section 6601(e)(1) provides that the deficiency procedures set              
          forth in subchapter B of chapter 63 are not applicable to                   
          interest imposed under section 6601.  In addition to these                  
          principles, we have discussed this Court's opinion in Bregin v.             
          Commissioner, 74 T.C. 1097 (1980), where we held that the term              
          "additional amount" in section 6214(a) is limited to the                    
          assessable civil penalties described in chapter 68.  These                  
          factors alone are adequate to overcome petitioners' assertion               
          that section 6214(a) provides a jurisdictional basis for this               
          Court to redetermine interest computed at the increased rate                
          prescribed in present section 6621(c).                                      
               Moreover, when Congress' enactment of former section                   
          6621(c)(4) is also taken into account, the result is overwhelming           
          confirmation that (1) petitioners' reliance on section 6214(a) is           

Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011