Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polacheck, Co-Executors - Page 34

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                    The bill retains the general rule of present law                  
               that interest on these penalties commences with the                    
               date the return was required to be filed.  The                         
               committee believes this rule is appropriate because the                
               behavior being penalized is reflected on the tax                       
               return, so that imposition of interest from this date                  
               will reduce the incentives of taxpayers and their                      
               advisors to 'play the audit lottery.'  [H. Rept. 101-                  
               247, at 2234 (1989).]                                                  

               The majority states that Congress used the phrase "tax                 
          required to be shown on a return" as a classification and did not           
          intend that the penalty be based on the specific tax required to            
          be shown on the fraudulent return on the filing date.  See                  
          majority op. p. 9.  I disagree.  The statutory classification of            
          situations covered by the section 6663(a) penalty is contained in           
          section 6664.  Section 6664(b) provides that the accuracy-related           
          and the fraud penalties of sections 6662 and 6663, "shall apply             
          only in cases where a return of tax is filed".  Section 6664(b)             
          specifically classifies the situations to which section 6663(a)             
          applies.  If the phrase "tax required to be shown on a return" in           
          section 6663 only refers to the type of tax, as the majority                
          suggests, the phrase would be surplusage. In construing the tax             
          Code, words used should not be considered surplusage.  D.                   
          Ginsberg & Sons v. Popkin, 285 U.S. 204, 208 (1932) (It is a                
          cardinal rule of statutory construction that "effect shall be               
          given to every clause and part of a statute."); Arc Elec. Constr.           
          Co. v. Commissioner, supra at 1008.                                         
               The majority's interpretation will also produce an                     
          unintended inconsistency between the way in which the fraud                 


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