- 35 - IV. Tax Motivated Interest Section 6621(c) provides an increased rate of interest for “any substantial underpayment attributable to tax motivated transactions”. A “substantial underpayment attributable to tax motivated transactions” is defined under section 6621(c)(2) as “any underpayment of taxes imposed by subtitle A for any taxable year which is attributable to 1 or more tax motivated transactions if the amount of the underpayment for such year so attributable exceeds $1,000.” A “tax motivated transaction” is defined under section 6621(c)(3)(A) to include “any valuation overstatement (within the meaning of section 6659(c))” and “any credit disallowed under section 46(c)(8)”. Sec. 6621(c)(3)(A)(i) and (ii). In general, section 46(c)(8) limits a taxpayer’s basis in certain depreciable property to the amount the taxpayer is “at risk” with respect to such property, thereby limiting the amount of investment tax credit available to the taxpayer. Sec. 46(a), (c)(1), (c)(8)(A). While respondent’s arguments concerning the applicability of section 6621(c) center on whether respondent disallowed the credits under section 46(c)(8), we need not reach those arguments. Section 6621(c) also applies the increased rate of interest to underpayments of tax that are attributable to valuation overstatements, as that term is defined under section 6659(c). Sec. 6621(c)(3)(A)(i). Because we have sustainedPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011