John R. Louis - Page 7

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          Constitution."  Ward v. Commissioner, supra (citing Ianniello v.            
          Commissioner, 98 T.C. 165 (1992)).  Kurth Ranch was also                    
          distinguished very recently in Price v. Commissioner, T.C. Memo.            
          1996-204, where this Court pointed out that the addition for                
          civil fraud "was imposed primarily to protect the revenue and to            
          reimburse the Government for the heavy expense of investigation             
          and the loss resulting from the taxpayer's fraud.  Helvering v.             
          Mitchell, 303 U.S. 391, 398, 401 (1938); Ianniello v.                       
          Commissioner, 98 T.C. 165, 176-185 (1992)."                                 
               Finally, two Courts of Appeals have even more recently                 
          rejected the contention that the so-called civil fraud penalty              
          brings into play the double jeopardy provisions.  In Grimes v.              
          Commissioner,     F.3d    ,     (9th Cir., Apr. 17, 1996), the              
          Ninth Circuit stated:                                                       
               Grimes argues that the imposition of fraud penalties                   
               renders the proceeding quasi-criminal.  Two recent                     
               Supreme Court cases addressing the definition of                       
               "punishment" for the purposes of the Double Jeopardy                   
               Clause give this argument a superficial appeal.  See                   
               Department of Revenue v. Kurth Ranch, 114 S. Ct. 1937,                 
               1948 (1994) (finding that a Montana state tax on                       
               marijuana constitutes punishment); United States v.                    
               Halper, 490 U.S. 435 (1989) (the "civil" label does not                
               determine whether a sanction is punishment).                           
                    Both of these decisions, however, cite with                       
               approval Helvering v. Mitchell, [38-1 USTC � 9152], 303                
               U.S. 391 (1938), where the Court found the Tax Code's                  
               civil fraud penalty remedial in nature and not punitive                
               for double jeopardy purposes.  See Kurth Ranch, 114 S.                 
               Ct. at 1946 n. 16; Halper, 490 U.S. at 442-43.  [Fn.                   
               ref. omitted.]                                                         







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