- 2 - 6653(a)(2),2 and of $34,322.10 under section 6659.3 Respondent also determined that interest on the $140,388 underpayment must be assessed at 120 percent of the statutory rate under section 6621(c).4 The issues for decision are: (1) Whether petitioner is liable for the additions to tax under section 6653(a)(1) and (2); (2) whether petitioner is liable for the addition to tax under section 6659; (3) whether we have jurisdiction to decide if petitioner is liable for additional interest5 under section 2Respondent concedes that the notice of deficiency incorrectly refers to sec. 6653(a)(1) and (2) as sec. 6653(a)(1)(A) and (B). 3Sec. 6659 was repealed by the Omnibus Budget Reconciliation Act of 1989 (OBRA), Pub. L. 101-239, sec. 7721(c)(2), 103 Stat. 2399, effective for tax returns due after Dec. 31, 1989, OBRA sec. 7721(d), 103 Stat. 2400. The repeal does not affect this case. 4Sec. 6621(c) was repealed by OBRA sec. 7721(b), 103 Stat. 2399, effective with respect to returns due after Dec. 31, 1989, OBRA sec. 7721(d). The repeal does not affect this case. 5In this opinion, the term “additional interest” means the interest prescribed by sec. 6601, with the rate of interest increasing to 120 percent of the underpayment rate under sec. 6621(c). White v. Commissioner, 95 T.C. 209, 214 (1990).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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