Dean B. Smith and Irma Smith v. Commissioner of Internal Revenue

WELLFORD, Senior Circuit Judge.

Appellants, Dean B. Smith and Irma Smith, appeal from the decision of the United States Tax Court concerning deficiencies and penalties imposed upon their federal income tax for 1981 and 1982 by the Commissioner of Internal Revenue. The Tax Court determined that the 1981 and 1982 deficiencies constituted substantial underpayments attributed to a tax-motivated transaction under I.R.C. § 6621 and that petitioners were liable for an additional assessment (in addition to § 6661). Smith v. Commissioner, 91 T.C. 733 (1988). On this appeal, we must decide: (1) whether…