-20- Estate of Robert W. Lisle, Deceased, Thomas W. Lisle and Amy L. Albrecht, Independent Co-executors, and Estate of Donna M. Lisle, Deceased, Thomas W. Lisle and Amy L. Albrecht, Independent Co- Executors Additions to Tax Penalty Year Deficiency Sec. 6653 Sec. 6661 Sec. 6662 1984 $827,955 $41,397.75 $206,988.75 -- 1987 195,498 9,774.90 48,874.50 -- 1988 109,048 5,452.00 27,262.00 -- 1989 109,049 -- -- $21,810 Respondent determined in the notices of deficiency or asserted in amended pleadings that the underpayments in tax were subject to increased interest under section 6621(c), formerly section 6621(d),11 as follows: Burton W. and Naomi R. Kanter for the taxable years 1979,12 1980, 1982 to 1984, 1986, and 1987; Claude M. and Mary B. Ballard for the taxable years 1975 to 1982, 1984, 1987, and 1988; and the Estates of Robert W. Lisle, 11 Sec. 6621(d)(1) was added by the Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 144(a), 98 Stat. 682, and provides for interest of 120 percent of the adjusted interest rate due on any substantial underpayment of tax attributable to tax-motivated transactions. The increased interest is effective for interest accruing after Dec. 31, 1984. In the Tax Reform Act of 1986, Pub. L. 99-514, sec. 1511(c), 100 Stat. 2744, sec. 6621(d)(1) was redesignated sec. 6621(c)(1). 12 With respect to the Kanter case at docket No. 3456-88, the applicability of sec. 6621(c) was asserted by respondent in an amendment to answer and applies only to an underpayment in tax of $206,239.63 attributable to a loss of $311,478 claimed by petitioners from Immunological Research Corp., an S corporation, which respondent disallowed. In a second amendment to answer, respondent asserted the entire underpayment in tax for 1979 was subject to increased interest under sec. 6621(c). On brief, respondent concedes the underpayment attributable to the disallowed loss from Immunological Research Corp. is not subject to increased interest under sec. 6621(c) on the basis of Estate of Cook v. Commissioner, T.C. Memo. 1993-581.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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