- 106 - fraudulent transactions under section 6621(c)(3)(A)(v). Respondent notes that transactions constituting either shams in fact or shams in substance are shams for purposes of section 6621(c)(3)(A)(v). Cherin v. Commissioner, 89 T.C. 986, 1000-1001 (1987); see Thomas v. United States, 166 F.3d 825, 834 (6th Cir. 1999) (holding that once a transaction is found to be a sham, section 6621(c) interest is imposed regardless of a taxpayer’s investment motive); Anderson v. Commissioner, 62 F.3d 1266, 1274 (10th Cir. 1995) (same), affg. T.C. Memo. 1993-607. B. Section 6621(c) Section 6621(c)21 (formerly section 6621(d)) provides for an increased rate of interest with respect to “any substantial underpayment” of tax in any taxable year “attributable to 1 or more tax motivated transactions” if the amount of the underpayment for such year so attributable exceeds $1,000. Section 6621(c)(3)(A) generally lists the types of transactions which are considered “tax motivated transactions”. A tax motivated transaction includes any valuation overstatement within the meaning of section 6659(c), and such a valuation overstatement exists, among other situations, if the adjusted basis of property claimed on any return exceeds 150 percent of 21 The Omnibus Budget Reconciliation Act of 1989 (OBRA 1989), sec. 7721(b), 103 Stat. 2106, 2399, repealed sec. 6621(c). This repeal was effective for returns the due date for which (determined without extensions) is after Dec. 31, 1989. See OBRA 1989 sec. 7721(c), 103 Stat. 2400, Pub. L. 101-239.Page: Previous 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Next
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