Jerry and Patricia A. Dixon, et al - Page 237




                                                 - 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...)                 

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