- 24 - E. Whether Petitioners Are Not Liable for Additions to Tax Under Section 6651(a) Because Respondent Selectively Applied It to Them 1. Background Petitioners contend that they are not liable for additions to tax under section 6651(a) because, in petitioners’ view, respondent selectively applied it to them. We disagree. The standard for evaluating a claim of selective or discriminatory prosecution in a criminal case is as follows: the person asserting such a claim bears the burden of establishing, prima facie, both: (1) that, while others similarly situated have not generally been proceeded against because of conduct of the type forming the basis of the charge against him, he has been singled out for [investigation], and (2) that the government's discriminatory selection of him for [investigation] has been invidious or in bad faith, i.e., based upon such impermissible considerations as race, religion, or the desire to prevent his exercise of constitutional rights. [St. German of Alaska E. Orthodox Catholic Church v. United States, 840 F.2d 1087, 1095 (2d Cir. 1988).] Petitioners' claim lacks merit if it does not meet the standard applied in criminal cases. Karme v. Commissioner, 673 F.2d 1062, 1064 (9th Cir. 1982), affg. 73 T.C. 1163 (1980). 2. Petitioners’ Discovery Request Petitioners seek to discover statistical information about respondent’s imposition of additions to tax under section 6651 against taxpayers who filed Forms 4868 for the years in issue. Petitioners argue that they will not know whether it was rationalPage: 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