Pamela O' Rourke - Page 6

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          therefore sustain respondent's determination that petitioner is             
          liable for the additions to tax under section 6653(a)(1) and (2)            
          for the 1982 tax year.                                                      
          3.  Section 6661 Addition to Tax                                            
               In the notice of deficiency, respondent determined the                 
          section 6661 addition to tax at a rate of 10 percent of the                 
          underpayment for that year.  As originally enacted, section 6661            
          provided for an addition to tax of 10 percent of the amount of              
          any underpayment attributable to a substantial understatement of            
          income tax liability, applicable to returns due after                       
          December 31, 1982.  Tax Equity and Fiscal Responsibility Act of             
          1982, Pub. L. 97-248, sec. 323, 96 Stat. 324, 615.  In 1986,                
          Congress amended section 6661(a) and provided for an addition to            
          tax of 25 percent, where the assessment is made after October 21,           
          1986.  Omnibus Budget Reconciliation Act of 1986, Pub. L. 99-509,           
          sec. 8002, 100 Stat. 1874, 1951; see also Pallottini v.                     
          Commissioner, 90 T.C. 498 (1988).  Although respondent correctly            
          refers to the rate of the addition as 25 percent in her synopsis            
          of legal authorities in her trial memorandum, she made no mention           
          of the discrepancy between this rate and the 10 percent rate used           
          in the notice of deficiency, and has not sought to amend the                
          pleadings to assert an increase.                                            
               Section 6214(a) grants this Court jurisdiction to determine            
          a deficiency or addition to tax larger than that stated in the              
          notice of deficiency, if respondent claims the increased amount             




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