- 306 - deficiency. For the taxable years 1986 and 1987, the interest component of the addition to tax for negligence is codified under section 6653(a)(1)(B). Respondent also determined that Kersting program participants are liable for interest computed at the increased rate prescribed under section 6621(c). Section 6621(c) provides that interest on a deficiency shall be computed at an increased rate with respect to any substantial underpayment attributable to a tax-motivated transaction. The interest component of the addition to tax for negligence and interest computed at the increased rate prescribed under section 6621(c) are time-sensitive provisions whose impact will be amplified in these cases as a consequence of the delay occasioned in large part by the Government misconduct described herein. With a view to promoting basic fairness and justice in the Kersting project cases, and to discourage future acts of Government misconduct, we hold that Kersting program participants who either have not had decisions entered in their cases or whose decisions are not yet final are not liable for the interest component of the addition to tax for negligence under sections 6653(a)(2) and 6653(a)(1)(B) or interest computed at the increased rate prescribed in section 6621(c).127 127 As previously mentioned, see supra pp. 44-47, there is an inconsistency between the 1985 piggyback agreements and the post-1985 piggyback agreements concerning additions to tax: the 1985 piggyback agreements are silent about additions to tax, while the post-1985 piggyback agreements provide that Kersting (continued...)Page: Previous 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 Next
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