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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