Charles McHan and Martha McHan - Page 7

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          of material fact, and factual inferences will be read in a manner           
          most favorable to the party opposing summary judgment.  Dahlstrom           
          v. Commissioner, 85 T.C. 812, 821 (1985); Jacklin v.                        
          Commissioner, 79 T.C. 340, 344 (1982).                                      
               1.  Computation of the Additions to Tax Under Section 6661             
               Section 6661, originally added to the Code by section 323(a)           
          of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L.            
          97-248, 96 Stat. 324, 613, provides for an addition to tax if               
          there is a substantial understatement of tax liability for any              
          taxable year.  Section 6661 was amended in the Omnibus Budget               
          Reconciliation Act of 1986 (OBRA), Pub. L. 99-509, sec. 8002(a),            
          100 Stat. 1874, 1951, by increasing the rate at which the                   
          addition to tax is computed from 10 percent to 25 percent of the            
          amount of the underpayment.6  OBRA section 8002(b) provides that            
          the amendment to section 6661 is applicable to penalties assessed           
          after the date of enactment of the Act, i.e., October 21, 1986.             
               Considering the effective date of the amendment to section             
          6661, petitioner's assertion that a 10-percent rate should be               
          applied to compute the additions to tax is incorrect.  The                  
          additions to tax that respondent determined in the notice of                

          6  The Omnibus Budget Reconciliation Act of 1986, Pub. L.                   
          99-509, sec. 8002(b), 100 Stat. 1951, included a repeal of an               
          amendment to sec. 6661 included in the Tax Reform Act of 1986,              
          Pub. L. 99-514, sec. 1504(a), 100 Stat. 2085, 2743, which amended           
          sec. 6661 to increase the rate on which the addition to tax is              
          computed from 10 percent of the underpayment to 20 percent of the           
          underpayment.  See Pallottini v. Commissioner, 90 T.C. 498, 501-            
          503 (1988).                                                                 




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