James Alan Price - Page 22

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                    b.   1986                                                         
               Petitioner was convicted of income tax evasion under section           
          7201 for 1986.  Criminal tax evasion under section 7201 and civil           
          fraud under section 6653(b) require proof of the same facts.                
          Amos v. Commissioner, 43 T.C. 50, 55 (1964), affd. 360 F.2d 358             
          (4th Cir. 1965).  Thus, sections 7201 and 6653(b) apply to the              
          same conduct for purposes of double jeopardy.                               
               We must next decide whether imposition of the addition to              
          tax under section 6653(b)(1)(A) and (B) is punishment for                   
          purposes of the Double Jeopardy Clause.  A civil sanction is                
          punishment for double jeopardy purposes if it is not remedial               
          but is imposed to serve the punitive goals of deterrence and                
          retribution.  Department of Revenue v. Kurth Ranch,    U.S.   ,             
          114 S. Ct. 1937, 1944 (1994); United States v. Halper, supra at             
          448-449.  The 50-percent addition to tax for civil tax fraud as             
          under section 6653(b)(1) and (2) in effect before 1986 was not a            
          criminal punishment for purposes of the Double Jeopardy Clause              
          because it 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).                                  
               Congress amended section 6653(b) effective for returns due             
          after December 31, 1986, to apply the addition to tax under                 





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