Donald L. Walford - Page 34

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          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          repealed by the Omnibus Budget Reconciliation Act of 1989, Pub.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.                                                                        





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