Robert D. and Patricia K. Kaliban, et al. - Page 73

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            cases.  See Baker v. Commissioner, 787 F.2d 637, 643 (D.C. Cir.                           
            1986), vacating 83 T.C. 822 (1984).                                                       
                  The different tax treatment accorded petitioners and Miller                         
            was not arbitrary or irrational.  While petitioners and Miller                            
            both invested in the Plastics Recycling transactions, their                               
            actions with respect to such investments provide a rational basis                         
            for treating them differently.  Miller foreclosed any potential                           
            liability for increased interest in his cases by making payments                          
            prior to December 31, 1984; no interest accrued after that date.                          
            In contrast, petitioners made no such payment, and they conceded                          
            that the increased rate of interest under section 6621(c) applies                         
            in their cases.  Liability for the increased rate of interest is                          
            the principal difference between the settlement in the Miller                             
            cases, which petitioners declined when they failed to accept the                          
            piggyback agreement offer, and the settlement offer that                                  
            petitioners also failed to accept.                                                        
                  Petitioners argue that section 6621(c) must have been an                            
            issue in the Miller cases since each of the decisions in Miller                           
            recites "That there is no increased interest due from the                                 
            petitioner[s] for the taxable years [at issue] under the                                  
            provisions of IRC section 6621(c)."  According to petitioners,                            
            "if the Millers were not otherwise subject to the penalty                                 
            interest provisions because of the particular timing of their tax                         
            payments, there would have been no need for the Court to include                          






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