- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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