Med James, Inc. - Page 22

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          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.                                           





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