- 23 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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