De Martino v. Commissioner
United States Tax Court
In DeMartino v. Commissioner, T.C. Memo. 1986-263, the Court held that sec. 6621(d), I.R.C. 1954, as enacted, did not apply to the underpayments determined against petitioners. Sec. 6621(d) was subsequently amended by sec. 1535 of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2750. Held, as a final court decision has not been entered in DeMartino, sec. 6621(d), as amended, may be applied to petitioners.
1Opinion of the Court
SUPPLEMENTAL OPINION
KÓRNER, Judge:
In the earlier opinion in this matter, DeMartino v. Commissioner, T.C. Memo. 1986-263, we held that the increased interest rate authorized by section 6621(d)1 did not apply to the underpayments determined against petitioners. Section 6621(d) was thereafter amended by section 1535 of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2750 (hereinafter sometimes referred to as the act). The issue we must now decide is whether this amendment is applicable to petitioners.2
Section 6621(d)3 originally provided for an increased interest rate to be applied to…
2Cases cited15 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Welch v. HenrySupreme Court of the United States · 1938
- Graham & Foster v. GoodcellSupreme Court of the United States · 1931
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3Cited by46 opinions
- Patin v. CommissionerUnited States Tax Court · 1987
- Robert Demartino, Appellant-Cross-Appellee v. Commissioner of Internal Revenue, Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1988
- David L. Kennedy (88-1254) v. Commissioner of Internal Revenue, Joseph D. Auberger and Wanda Auberger (88-1255) v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1989
- Price v. CommissionerUnited States Tax Court · 1987
- Bailey v. CommissionerUnited States Tax Court · 1988
41 more not listed; retrieve them via the Exa API.