James Alan Price - Page 20

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               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...)           




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