Tom I. Lincir and Diane C. Lincir - Page 8




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          Commissioner, 13 F.3d 54, 56-57 (2d Cir. 1993), affg. an Order of             
          this Court; LTV Corp. v. Commissioner, 64 T.C. 589, 597 (1975);               
          see also Asciutto v. Commissioner, T.C. Memo. 1992-564, affd. 26              
          F.3d 108 (9th Cir. 1994).  In particular, section 6601(e)(1)                  
          provides that interest prescribed by section 6601 is treated as               
          tax "except [for purposes of] subchapter B of chapter 63,                     
          relating to deficiency procedures”.  Because the effect of such               
          language is to exclude interest from the definition of a "tax"                
          for purposes of section 6211(a), it follows that such interest                
          does not constitute a deficiency within the meaning of that                   
          provision.  See Pen Coal Corp. v. Commissioner, 107 T.C. 249, 255             
          (1996); White v. Commissioner, 95 T.C. 209, 213 (1990).  For this             
          reason, the Court's decision documents normally will not include              
          a reference to a taxpayer's liability for statutory interest.                 
          See Thomas v. Commissioner, T.C. Memo. 1994-291.                              
               Consistent with section 6601(e), the Court does have                     
          jurisdiction to redetermine statutory interest where a taxpayer               
          has properly invoked the Court's overpayment jurisdiction                     
          pursuant to section 6512.  See Barton v. Commissioner, 97 T.C.                
          548, 554-555 (1991).  In Winn-Dixie Stores, Inc. & Subs. v.                   
          Commissioner, 110 T.C. 291 (1998), we held that the Court had                 
          jurisdiction under section 6512 to review the taxpayers' claim                
          that they had overpaid statutory interest for the years in issue              








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