- 16 - substantial underpayment attributable to tax motivated transactions. Respondent presumably determined that the underlying deficiency in this case was a substantial underpayment attributable to a tax-motivated transaction. This Court does not have jurisdiction to review the underlying deficiency, however, because it was a computational adjustment made pursuant to an adjustment to a partnership item determined in a partnership proceeding. See Saso v. Commissioner, 93 T.C. 730, 734 (1989). Thus, because the underlying deficiency is not before this Court, section 6621(c)(4) cannot confer jurisdiction on this Court to determine what portion of such underlying deficiency is attributable to a tax-motivated transaction. Furthermore, although each addition to tax at issue in this case is a “deficiency” within the meaning of section 6621(c)(4), section 6621(c)(2) excludes additions to tax from the definition of “substantial underpayment attributable to tax motivated transactions,” thereby precluding review under section 6621(c)(4). White v. Commissioner, supra at 216. Petitioners further argue that this court has jurisdiction over this matter because the amount assessed by respondent under 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011