- 25 - c. 1987 Petitioner was convicted under section 7203 for failure to file an income tax return for 1987. The elements of criminal failure to file under section 7203 are not the same as the elements of civil tax fraud under section 6653(b)(1)(A) and (B). Blockburger v. United States, 284 U.S. at 304. Thus, we conclude that the imposition of the addition to tax for fraud under section 6653(b)(1)(A) and (B) does not violate petitioner’s right not to be subject to double jeopardy for 1987. 3. Conclusion We hold that the imposition of the addition to tax for fraud under section 6653(b)(1) and (2) for 1985 and section 6653(b)(1)(A) and (B) for 1986 and 1987 does not violate petitioner’s right not to be subject to double jeopardy under the Fifth Amendment to the Constitution. Decision will be entered for respondent.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Last modified: May 25, 2011