- 2 - Additions to Tax Year Deficiency Sec. 6653(b)(1)1 Sec. 6661 1985 $ 58,899 $ 73,4072 $14,725 1986 82,667 103,0293 20,667 1987 104,190 118,5594 25,848 This matter is before the Court on the respondent's Motion for Summary Judgment. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the 1 Sec. 6653(b) above refers to both sec. 6653(b)(1) and (b)(2), which was in effect in 1985, and to sec. 6653(b)(1)(A) and (b)(1)(B), which was in effect in 1986 and 1987. Sec. 6653(b)(1) provided: If any part of any underpayment (as defined in subsection (c)) of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to 50 percent of the underpayment. Sec. 6653(b)(1)(A) provided: If any part of any underpayment (as defined in subsection (c)) of tax required to be shown on a return is due to fraud, there shall be added to the tax an amount equal to the sum of * * * (A) 75 percent of the portion of the underpayment which is attributable to fraud * * * . Both provisions require that 50 percent of the interest payable under sec. 6601 is due with respect to that portion of the understatement attributable to fraud. Secs. 6653(b)(2)(A), 6653(b)(2). 2 Plus 50 percent of the interest due on $58,899 3 Plus 50 percent of the interest due on $82,667. 4 Plus 50 percent of the interest due on $103,392.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011