- 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