Maurice C. Wilson and Dorris E. Wilson - Page 8




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          dent does not rely in respondent’s motion.  For example, Mr.                
          Wilson alleges that his “fine & IRS obligation that was ruled by            
          Judge Legg [in the U.S. District Court] is settled and satisfied            
          and paid in full.”  Assuming arguendo that Mr. Wilson has in fact           
          paid what he refers to as a “fine”9 and the restitution ordered             
          by the judgment in Mr. Wilson’s criminal tax proceeding, those              
          facts are not material to our resolving the issues raised in                
          respondent’s motion.  The payment of a fine, an assessment, or              
          restitution for income tax evasion under section 7201 does not              
          bar imposition of the fraud penalty under section 6663.10  Addi-            
          tions to tax, like those imposed for fraud under section 6663,              
          are remedial, and not punitive.  Helvering v. Mitchell, 303 U.S.            
          391, 401 (1938); Thomas v. Commissioner, 62 F.3d 97, 100 (4th               
          Cir. 1995), affg. T.C. Memo. 1994-128; Ianniello v. Commissioner,           
          98 T.C. 165, 187 (1992).  Such additions to tax are provided                
          primarily as a safeguard for the protection of the revenue and to           
          reimburse the Government for the significant expense of investi-            
          gation and the loss resulting from a taxpayer’s actions or                  
          omissions.  Helvering v. Mitchell, supra.                                   


               9The judgment in Mr. Wilson’s criminal tax proceeding did              
          not order Mr. Wilson to pay a fine.  That judgment, inter alia,             
          ordered Mr. Wilson to pay an assessment of $250.                            
               10We note that respondent states in respondent’s reply that            
          “assuming that the income tax liabilities were paid, the peti-              
          tioners’ [sic] shall receive credit for the payment upon assess-            
          ment of the tax liabilities.”                                               





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