Kevin A. Roberts - Page 6

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               We disagree.  None of those cases involved criminal and                
          civil liability under the Internal Revenue Code.  Their impact in           
          the Federal income tax arena has been considered by the Court of            
          Appeals for the Sixth Circuit in United States v. Alt, 83 F.3d              
          779 (1996), and by the Court of Appeals for the Fourth Circuit in           
          Thomas v. Commissioner, 62 F.3d 97 (1995), affg. T.C. Memo. 1994-           
          128, and by this Court in several cases, see, e.g., Louis v.                
          Commissioner, T.C. Memo. 1996-257; Price v. Commissioner, T.C.              
          Memo. 1996-204.  In each case, the respective court upheld the              
          additions to tax for fraud as remedial and ruled that the Supreme           
          Court cases relied upon by petitioner did not apply.  See also              
          Gordon v. Commissioner, T.C. Memo. 1997-36, in which we reach the           
          same conclusion based on the above-quoted language from Helvering           
          v. Mitchell, supra.                                                         
               We see no need to repeat the analysis set forth in the                 
          opinions in those cases.  It is enough to point out that each of            
          them accorded Helvering v. Mitchell, supra, continuing vitality             
          as the basic authority for their conclusion that the Double                 
          Jeopardy Clause did not apply and distinguished the cases relied            
          upon by petitioner.4  Moreover, any doubt about their treatment             
          of Mitchell disappears when one takes into account the Supreme              
          Court's most recent pronouncement on the issue of double jeopardy           


          4  See also United States v. Brennick, 908 F. Supp. 1004 (D.                
          Mass. 1995), which sets forth an extensive analysis in respect of           
          the continued vitality of Mitchell.                                         




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