- 11 - In the Court of Appeals for the Ninth Circuit’s opinion in Hill v. Commissioner, supra at 1220, the following explanation is dispositive of petitioners’ arguments: “We specifically reject Krause’s assertion that the Tax Court erred in finding Barton Income Fund liable for an increased rate of interest because a transaction which is determined to lack a profit motive does not equal a tax-motivated transaction under section 6621. Section 6621(c)(1) imposes an increased rate of interest on ‘any substantial underpayment attributable to tax motivated transactions,’ which include activities not engaged in for profit.” * * * [Quoting in part Hildebrand v. Commissioner, 28 F.3d at 1028.] The reasoning in Hildebrand is sound: the Secretary has authority to define certain transactions as tax motivated, the Secretary has defined transactions lacking a profit motive under section 183 as tax motivated, the transactions in this case lack a profit motive under section 183, petitioners’ activities relating to these transactions are therefore tax motivated. A close examination of section 6621(c) demonstrates that the Secretary is well within the granted regulatory power to simply equate the violation of one code section with a violation of section 6621(c). * * * * * * * These, and the remaining “tax motivated transactions” set out in section 6621(c)(3)(A) show a legislative pattern established by Congress which treats violations of certain code sections as implicit violations of section 6621(c). The Secretary simply followed this pattern pursuant to the regulatory authority granted in section 6621(c)(3)(B) by establishing regulations that make a violation of section 183 a tax motivated transaction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011