Ross M. Muir - Page 2

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            Respondent also determined that petitioner is liable for                                   
            increased interest on underpayments attributable to tax-motivated                          
            transactions as defined in section 6621(c),1 for the entire                                
            underpayment of tax for 1980.                                                              
                  The sole issue for our decision is whether the statutory                             
            periods of limitations for assessing and collecting the                                    
            deficiencies in, and additions to, petitioner's Federal income                             
            taxes for 1980 and 1981 have expired.2  We hold they have not.                             
                  Some of the facts have been stipulated and are so found.                             
            The stipulated facts and the accompanying exhibits are                                     
            incorporated herein by this reference.  Petitioner is an attorney                          
            who resided in Rochester, Minnesota, at the time he filed his                              
            petition in this case.                                                                     
                  Petitioner filed his Federal income tax returns for the                              
            taxable years 1980 and 1981 on June 15, 1981, and October 15,                              

                  1Unless otherwise indicated, all section references are to                           
            the Internal Revenue Code in effect for the taxable years in                               
            issue, and all Rule references are to the Tax Court Rules of                               
            Practice and Procedure.  Sec. 6621(c), formerly sec. 6621(d), was                          
            redesignated pursuant to Tax Reform Act of 1986, Pub. L. 99-514,                           
            sec. 1511(c), 100 Stat. 2744.                                                              
                  2Petitioner asserts on brief that interest on the deficiency                         
            should be abated pursuant to sec. 6404(e).  Consideration of                               
            petitioner's request for abatement of interest is premature,                               
            however, as there has been neither an assessment of interest nor                           
            a final determination by respondent not to abate the interest.                             
            See sec. 6404(e), (g), as currently in effect; see also Bourekis                           
            v. Commissioner, 110 T.C. 20, 26 (1998).                                                   

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