Patrick W. Healey and Nancy L. Marshall - Page 20

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          tax for fraud.  We conclude that the accuracy-related penalty               
          under section 6662(a) and (c) is not punishment for purposes of             
          the Double Jeopardy Clause.                                                 
               Sections 6651(a) and 6662(a) are quite different than the              
          Montana drug tax, the imposition of which the U.S. Supreme Court            
          held violated the Double Jeopardy Clause.  Department of Revenue            
          v. Kurth Ranch, 511 U.S. at __, 114 S. Ct. at 1944.  Montana                
          imposed almost $900,000 in taxes and penalties against six                  
          individuals who pleaded guilty to possession or storage of                  
          dangerous drugs.  Id. at __, 114 S. Ct. at 1942, 1946-1947.                 
          Montana assessed the tax on illegally possessed marijuana and               
          hash oil which had been confiscated.  The tax equaled about 800             
          percent of the market value of the confiscated drugs.  The tax              
          applied only in cases in which the State had imposed a criminal             
          penalty for possession of illegal drugs.  Id. at __, 114 S. Ct.             
          at 1947.  The Supreme Court held that the Montana drug tax is the           
          equivalent of criminal punishment for purposes of the Double                
          Jeopardy Clause.  Id. at __, 114 S. Ct. at 1948.  Sections                  
          6651(a) and 6662(a) and (c) are very different from the Montana             
          drug tax; those sections are remedial and intended to compensate            
          the Government for a taxpayer’s noncompliance.  Thus, Department            
          of Revenue v. Kurth Ranch, supra, does not control here.  See               
          United States v. Alt, supra.                                                







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