- 34 - 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 fraudPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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