Myron Barlow and Arlene Barlow - Page 26




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          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.”.                                                





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