Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 35

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          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 sustained                 






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