- 22 - under section 6652 (a) and (c) for 1990 because they underreported their income, overstated their deductions, and failed to keep adequate records. See par. C, p. 15. Also, the additions for tax for negligence and late filing are remedial. We conclude that the Double Jeopardy Clause does not shield petitioners from liability for additions to tax under sections 6651(a) and 6662(a). Petitioners also contend that respondent unlawfully (other than in violation of the Double Jeopardy Clause) penalized them twice for the same conduct. Petitioners have not given any authority to support this theory, and we are aware of none. 3. Imposition of the Addition to Tax Under Section 6651(a)(2) Respondent determined that petitioners are liable for the additions to tax under section 6651(a)(1) for all of the years in issue but did not determine that petitioners are liable under section 6651(a)(2). Before respondent determined that petitioners were liable for the addition to tax under section 6651(a)(1), respondent issued a Request for Payment for 1990 to petitioners to pay the addition to tax under section 6651(a)(2). The Commissioner may assess tax without issuing a notice of deficiency if a taxpayer does not pay the amount shown on his or her return. Sec. 6213(b)(1). Petitioners paid the addition to tax for late payment under section 6651(a)(2) before respondent determined that they are liable for the addition to tax underPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011