- 14 - A threshold underpayment of tax is defined for this purpose as the excess of a tax imposed by the Internal Revenue Code (the Code) (exclusive of interest, penalties, additional amounts, and additions to tax) for the taxable period over the amount of tax paid on or before the last date prescribed for payment. Sec. 301.6621-3(b)(2)(ii), Proced. & Admin. Regs. This case turns on when the tax imposed by the Internal Revenue Code for purposes of determining the amount of a threshold underpayment is determined. If determined at the time hot interest starts to accrue, when the tax was assessed, or after this Court’s decision, petitioner prevails. If determined at the time petitioner’s return was filed, respondent prevails. On the basis of the Code and the regulations, we hold that the determination in this case is made no sooner than the time of entry of our decision that there was a deficiency of $63,573. The first step is to determine the amount of tax imposed by the Code on petitioner for the tax year ended January 31, 1994.13 Section 11(a) imposes a tax for each tax year on the taxable income of a corporation. Taxable income is the corporation’s gross income minus the deductions allowed by chapter 1 of the Code. Lastarmco, Inc. v. Commissioner, 79 T.C. 810, 812 (1982), 13The taxable period in this case is the taxable year because the taxes at issue are income taxes imposed by subtitle A of the Code. Sec. 6621(c)(3)(B); sec. 301.6621-3(b)(4), Proced. & Admin. Regs.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011