- 10 -10 B. Tax-Motivated Interest Rate and TEFRA Constitutional Issues Petitioners contend that they should not be liable for additional interest under section 6621(c), the 120 percent tax- motivated interest rate, because it is a penalty. Petitioners also contend that the TEFRA procedures are unconstitutional because they do not provide due process, and that the Code sections which provide for 120 percent tax-motivated interest are unconstitutional ex post facto laws because Congress enacted them after petitioners incurred their tax liabilities in 1979 and 1982. We lack jurisdiction under section 6404(g) to decide whether petitioners are liable for additional interest under section 6621(c), or to decide issues relating to the constitutionality of the TEFRA procedures, for the same reasons that we lack jurisdiction under section 6404(g) to decide whether a taxpayer is liable for additions to tax. See Krugman v. Commissioner, 112 T.C. at 237. To reflect the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011