Earl M. Latterman v. United States

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal presents the narrow issue of when interest begins to accrue on amounts due under § 4975(a) of the Internal Revenue Code. Section 6601(a) of the 1954 Code provides that interest begins to accrue on unpaid “tax” on the “last date prescribed for payment.” Section 6601(e)(2) provides that when an amount owed is an “assessable penalty, additional amount, or addition to the tax,” interest does not begin to accrue until ten days after the Internal Revenue Service issues notice and demand for the unpaid amount. In this appeal from a summary…