- 20 - 7. Underpayment Due to Fraud If the Commissioner establishes that any of the underpayment is due to fraud, the taxpayer must show how much of the underpayment is not due to fraud. Sec. 6653(b)(2); see Tax Reform Act of 1986, Pub. L. 99-514, secs. 1503(a), (e), 100 Stat. 2085, 2742-2743. Petitioner has not shown that any of the underpayment is not due to fraud. We hold that the each of the underpayments for 1985, 1986, and 1987 is due to fraud. B. Double Jeopardy 1. Petitioner’s Contentions Petitioner contends that imposition of the addition to tax for fraud against him for 1985, 1986, and 1987 violates the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution (Double Jeopardy Clause) because he contends that he was criminally prosecuted for the same conduct. 2. Double Jeopardy Analysis The Double Jeopardy Clause forbids "any person * * * subject for the same offense to be twice put in jeopardy of life or limb".3 3 The Fifth Amendment to the Constitution provides as follows: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011