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The terms of section 6211 are expressly incorporated into
section 6653(a). Section 6653(a)(2) applies "to the portion of
* * *[an] underpayment described in paragraph (1)" of section
6653, which in turn refers to the definition of the term
"underpayment" provided in subsection (c)(1) of section 6653.
Section 6653(c)(1) provides, in relevant part, that the term
"underpayment" means, "In the case of a tax to which section 6211
* * * is applicable, a deficiency as defined in that section".
Accordingly, an underpayment, or "deficiency", to which section
6653(a)(2) applies is determined by reference to the tax shown on
the return, without regard to any payments on account of
estimated tax. The express interplay between section 6211 and
section 6653(a) strongly suggests that in enacting section
6653(a)(2), Congress equated "the last date for payment" with the
due date of the return.4
Our conclusion here is not novel but is consistent with a
series of cases in which the issue in this case has been
considered under various circumstances. See In re Ripley, supra;
Kurt Orban Co. v. Commissioner, 90 T.C. 275 (1988); Skyrms v.
4 The explanation of sec. 6653(a)(2) prepared by the Staff of
the Joint Comm. on Taxation states in part: "The addition to tax
is 50 percent of the interest for the period beginning on the
last day for payment of the underpayment (i.e., the due
date of the return without regard to any extension of time for
payment)". (Emphasis added.) Staff of the Joint Committee on
Taxation, General Explanation of the Economic Recovery Tax Act of
1981, at 336 (J. Comm. Print 1991) (Pub. L. 97-34, 95 Stat. 172,
342).
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