- 23 - section 6653(b)(1)(A) to the portion of the underpayment due to fraud rather than the entire underpayment (as under former section 6653(b)(1)) and raise the rate from 50 to 75 percent. Tax Reform Act of 1986, Pub. L. 99-514, secs. 1503(a), (c), 100 Stat. 2085, 2742-2743; H. Rept. 99-426, 1986-3 C.B. (Vol. 2) 1, 834-835. We must decide whether section 6653(b) as amended in 1986 continues to be remedial, or whether it serves punitive goals of deterrence or retribution. Department of Revenue v. Kurth Ranch, supra; United States v. Halper, supra. We believe that Congress intended section 6653(b) to continue to be remedial. The report of the Ways and Means Committee for the Tax Reform Act of 1986 explained the changes to the fraud addition to tax in 1986 as follows: Reasons for Change * * * * * * * The committee is also concerned that the current applicability of the fraud penalty to the entire underpayment of tax (once the IRS has established fraud with respect to any portion of the underpayment) may decrease the efficacy of this penalty. The committee is concerned that imposing the same penalty on two taxpayers who have identical underpayments, one attributable wholly to fraud and the other attributable only in part to fraud, may be an insufficient deterrent to fraudulent behavior. Consequently, the committee has narrowed the scope of the fraud penalty so that it applies only to the portion of the underpayment attributable to fraud. The committee has concomitantly increased the level of the penalty. The committee believes that these modifications more appropriately target the fraud penalty to fraudulent behavior. H. Rept. 99-426, 1986-3 C.B. (Vol. 2) 1, 834.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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