- 26 - section 6621 regarding additional interest would apply to that taxable year. The letter went on to state as follows: Section 6621(c) IRC Since the underpayment of tax is attributable to a tax motivated transaction, the interest to be applied to any underpayment after 12-31-84 is 120% of the adjusted rate of interest established under IRC Section 6621(c). The amount of the underpayment attributable to the tax motivated transactions is $96,583.00. Thereafter, by Notice dated December 12, 1994, respondent billed petitioners for additional interest under section 6621(c) for the taxable year 1982 in the amount of $27,914. Petitioners protested the assessment of additional interest without having prior opportunity to contest the assessment; nevertheless, they paid the $27,914 amount on December 27, 1994. K. Collateral Litigation In December 1988, a few months after petitioners amended their income tax returns for 1982 through 1985, petitioner and several of his medical colleagues commenced a civil action for damages against Gordon, as well as Boylan & Evans, the law firm that authored the tax opinion in the offering memorandum,12 in respect of Dickinson and two other Plastics Recycling partnerships. This action was settled by the parties thereto 11(...continued) part of the record. Apparently, petitioners foresaw an adverse outcome of a likely TEFRA partnership action and amended their returns in order to satisfy anticipated underpayments of tax attributable to the Dickinson investment. 12 See supra sec. “C.”.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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