- 13 - on the reduced amount of $63,573.11 The parties agree that the normal underpayment rate under section 6621(a)(1) applies from the due date of the return for the tax year ended January 31, 1994, until December 5, 1998.12 Petitioner argues that hot interest does not apply because the underpayment of tax for the tax year ended January 31, 1994, was $63,573, which is below the $100,000 amount required to trigger application of the increased interest rate. Petitioner claims that the deficiency amount decided by this Court and then assessed by respondent is the proper amount to use in determining whether hot interest applies. Respondent contends that hot interest applies because it is undisputed that before the carryback of the NOL from the tax year ended January 31, 1995, petitioner’s corporate income tax was understated by $225,753. Respondent’s argument is based on the position that an NOL carryback, regardless of whether it is applied preassessment or postassessment, does not reduce the amount of the underpayment for an earlier taxable period. 11The interest and penalty detail reports computing the amount of interest owed by petitioner state that the period from July 5, 2002, through Sept. 9, 2002, was an “interest free period”. 12The interest computation report prepared by respondent states that the 30-day letter date was Nov. 5, 1998. Respondent started imposing hot interest on Dec. 5, 1998. If we decide that there was a large corporate underpayment, then petitioner does not challenge the use of this date as the applicable date.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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