Patrick W. Healey and Nancy L. Marshall - Page 23

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          section 6651(a)(1).  Petitioners contend that the imposition of             
          additions to tax under section 6651(a)(1) and (2) violates the              
          Double Jeopardy Clause.  We disagree.                                       
               Section 6651(a)(1) provides for an addition to tax for                 
          failure to timely file Federal income tax returns of 5 percent              
          per month up to 25 percent of the difference between the correct            
          amount of tax and the amount paid before the due date plus                  
          credits.  Section 6651(a)(2) provides for an addition to tax of             
          0.5 percent per month up to 25 percent for failure to pay the               
          amount shown or required to be shown on a return.  A taxpayer may           
          fail to file and pay a tax, and thus be subject to both section             
          6651(a)(1) and (2).  See sec. 6651(c)(1).  If that occurs, the              
          amount of the addition to tax under section 6651(a)(1) is reduced           
          by the amount of the addition to tax under section 6651(a)(2) for           
          any month to which an addition to tax applies under both                    
          paragraphs (1) and (2).  The combined amounts under paragraphs              
          (1) and (2) cannot exceed 5 percent per month.  Sec. 6651(c)(1).            
          Also, section 6651(a)(1) requires proof of different facts from             
          section 6651(a)(2).  See Iannelli v. United States, supra;                  
          Blockburger v. United States, supra.  Also, the additions to tax            
          under section 6651(a)(1) and (2) are remedial.  Thus, we conclude           
          that imposition of additions to tax under section 6651(a)(1) and            
          section 6651(a)(2) does not violate the Double Jeopardy Clause.             







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