- 12 - wise to proceed under Rule 123(a).5 Consequently, even though petitioner initially denied fraud in the reply, it is within our discretion under Rule 123(a) to enter a default decision sustain- ing all deficiencies in, and additions to, tax remaining in this case, including the additions to tax under section 6653(b) for 1983, 1984, and 1985, without requiring respondent to prove fraud affirmatively.6 Gordon v. Commissioner, 73 T.C. 736, 740-742 (1980). It would be a waste of the Court's time and resources to require affirmative proof of fraud in the present case where petitioner has unequivocally indicated that he will no longer contest, inter alia, the additions to tax under section 6653(b). Id. at 742. Under the particular circumstances presented here, we find that petitioner has not only failed to carry his burden of proof as to all issues remaining in this case on which he has the 5 Rule 123(a) provides in pertinent part that a party may be held in default if such party "has failed to plead or otherwise proceed as provided by these Rules". 6 We note that we find no merit in petitioner's allegation in the reply that the additions to tax for fraud are invalid under the double jeopardy clause of the Fifth Amendment. The addition to tax for fraud is a civil, and not a criminal, provision that was enacted "primarily as a safeguard for the protection of the revenue and to reimburse the Government for the heavy expense of investigation and the loss resulting from the taxpayer's fraud." Helvering v. Mitchell, 303 U.S. 391, 401 (1938). It is well established that a conviction for tax fraud under sec. 7201 and the imposition of the addition to tax for fraud under sec. 6653(b) do not place a taxpayer in double jeopardy within the meaning of the Fifth Amendment. See Helvering v. Mitchell, supra at 399-404; United States v. Alt, 83 F.3d 779, 781-784 (6th Cir. 1996); Ianniello v. Commissioner, 98 T.C. 165, 176-185 (1992).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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