Patrick W. Healey and Nancy L. Marshall - Page 22

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          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 under               




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