- 22 - the rule regarding NOLs in section 6601(d) from the position advanced by respondent in the context of section 6621(c), and it highlights the distinction in the statutory scheme between liability for interest and the proper rates of interest to apply. Our holding today is consistent with this statutory scheme and incorporates the mandate of the statute, the guidance set forth in respondent’s own regulations, and the legislative history associated with the enactment of the increased interest rate rules. III. Conclusion The statutes and regulations containing the interest provisions indicate that the purpose of section 6621(c) is to impose a higher rate of interest on corporate taxpayers if, after a letter or notice proposing or determining a deficiency exceeding $100,000 is sent to a taxpayer and payment is not promptly made, a judicial determination or assessment is made reflecting an underpayment exceeding $100,000. In the instant case, the parties agreed and this Court decided that petitioner had a deficiency of $63,573 for the tax year ended January 31, 15(...continued) Imposing a $100,000 threshold and allowing corporations to avoid hot interest by paying the underpayment within 30 days after notice was provided indicates that Congress was reluctant to allow arbitrage activities by corporations accruing interest but did not want to penalize corporations with small underpayments or which promptly paid their tax liabilities. H. Conf. Rept. 101- 964 (1990), 1991-2 C.B. 560, 591.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