John R. Louis - Page 6

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          of their fraudulent underpayments of tax."); Barnette v.                    
          Commissioner, 95 T.C. 341, 347-348 (1990).                                  
               Petitioner relies heavily upon the Supreme Court's recent              
          opinion in Department of Revenue of Montana v. Kurth Ranch, 511             
          U.S.    , 114 S. Ct. 1937 (1994), a case that does not involve              
          Federal income taxes, but is concerned with a Montana forfeiture            
          provision relating to dangerous drugs.  Petitioner argues that              
          Kurth Ranch has called into question the conclusion reached in              
          Mitchell and the cases following it.  Petitioner contends,                  
          relying upon Kurth Ranch, that since he has already been                    
          convicted under section 7201, paid $10,000 in fines, and served 1           
          year in jail and 5 years of probation, imposition of the section            
          6653(b) additions to tax for the years at issue would violate the           
          Double Jeopardy Clause.  However, Kurth Ranch did not overrule              
          Mitchell, and until the Supreme Court does so, we must treat Mr.            
          Justice Brandeis' opinion in Mitchell as the law of the land,               
          notwithstanding petitioner's unfair characterization of Mitchell            
          as "superannuated".                                                         
               The purported applicability of Kurth Ranch to the section              
          6653(b) additions to tax has already been considered by this                
          Court.  In Ward v. Commissioner, T.C. Memo. 1995-286, it was held           
          that Kurth Ranch did not change the status of the addition for              
          fraud as remedial.  "Thus, the imposition of a civil fraud                  
          penalty following the criminal conviction does not violate the              
          Double Jeopardy Clause of the Fifth Amendment to the U.S.                   




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