Tom I. Lincir and Diane C. Lincir - Page 1

                                    115 T.C. No. 22                                     

                                UNITED STATES TAX COURT                                 

                  TOM I. LINCIR AND DIANE C. LINCIR, Petitioners v.                     
                    COMMISSIONER OF INTERNAL REVENUE, Respondent1*                      

               Docket No. 22934-89.               Filed September 27, 2000.             

                    Ps are liable for deficiencies in and additions to                  
               their Federal income tax liabilities for the taxable                     
               years 1978 through 1982, including interest at the                       
               increased rate prescribed under sec. 6621(c), I.R.C.,                    
               and the "interest sensitive" addition to tax under sec.                  
               6653(a)(2), I.R.C., for 1981 and 1982.  The parties                      
               agree that Ps are entitled to refunds for overpayments                   
               for the taxable years 1984 and 1985 that would                           
               partially offset the deficiencies for the earlier                        
               years.  Ps contend that the Court's decision for the                     
               taxable years 1978 through 1982 should state that "The                   
               penalties due under section 6621(c) and section                          
               6653(a)(2) are to be determined after the application                    
               of the interest-netting rules of section 6621(d)."                       
                    Held:  The Court lacks jurisdiction in this                         
               deficiency proceeding to determine the impact, if any,                   
               of the so-called interest-netting rule under sec.                        
               6621(d), I.R.C., on the computation of the sec.                          

          *This supplements Lincir v. Commissioner, T.C. Memo. 1999-98.                 

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