Ernest I. Korchak - Page 2

                                        - 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               3Sec. 6659 was repealed by the Omnibus Budget Reconciliation           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               4Sec. 6621(c) was repealed by OBRA sec. 7721(b), 103 Stat.             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

Last modified: May 25, 2011