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the authority of section 6621(c) is a penalty, not interest.
Tax-motivated interest is clearly interest, prescribed in the
same manner as all interest--under section 6601(a) at the rate
set forth in section 6621. Even if the interest could be
considered a “penalty”, it is nonetheless prescribed by section
6601(a) and therefore subject to the same jurisdictional
restrictions as regular interest prescribed by section 6601(a).
See Pen Coal Corp. v. Commissioner, supra at 255.
Because the record does not indicate that petitioner has
paid the section 6621(c) tax-motivated interest assessed by
respondent, this Court does not have jurisdiction to review its
assessment. Based upon this holding, we do not reach the issue
of whether such interest was properly assessed in this case.
To reflect the foregoing,
Decision will be entered
for respondent.
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