James Alan Price - Page 25

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                    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.                          
















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