- 34 - III. Increased Interest Under Section 6621(d) As applicable to this case, section 6621(d)(1) provided that “In the case of interest * * * with respect to any substantial underpayment attributable to tax motivated transactions, the annual rate of interest * * * shall be 120 percent of the adjusted rate”.22 A substantial underpayment attributable to a tax-motivated transaction is defined as “any underpayment of taxes * * * which is attributable to 1 or more tax motivated transactions if the amount of the underpayment for such year so attributable exceeds $1,000.” Sec. 6621(d)(2). The term “tax- motivated transaction” includes any valuation overstatement within the meaning of section 6659(c). Sec. 6621(d)(3)(A)(i). Additionally, tax-motivated transactions include activities not engaged in for profit. Hildebrand v. Commissioner, 28 F.3d at 1028; sec. 301.6621-2T, Q&A-4, Temporary Proced. & Admin. Regs., 22Sec. 6621(d) was enacted by the Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 144(a), 98 Stat. 682. Sec. 6621(d) applies with respect to interest accruing after Dec. 31, 1984, regardless of the date the return was filed. Solowiejczyk v. Commissioner, 85 T.C. 552, 556 (1985), affd. without published opinion 795 F.2d 1005 (2d Cir. 1986). The Tax Reform Act of 1986, Pub. L. 99-514, sec. 1511(c), 100 Stat. 2744, redesignated and amended sec. 6621(d) as sec. 6621(c). Sec. 6621(c) was repealed by the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101-239, sec. 7721(b), 103 Stat. 2399, effective for returns the due date for which is after Dec. 31, 1989. Current sec. 6621(c), which was enacted by the Omnibus Budget Reconciliation Act of 1990, Pub. L. 101-508, sec. 11341(a), 104 Stat. 1388-470 (effective for purposes of determining interest for periods after Dec. 31, 1990), applies an additional 2-percent interest rate on deficiencies attributable to large corporate underpayments of tax.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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