On November 18, 2013, the U.S. Tax Court issued a split decision in Rand and Klugman v. Commissioner, 141 T.C. No. 12 (Docket No. 2633-11, Nov. 18, 2013). The Majority found that for purposes of the I.R.C. § 6662 accuracy related penalty, refundable credits can result in an “underpayment,” but only to the extent that…