Steven J. Romer - Page 22

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          fraud addition to tax for 1988 and the 75-percent fraud penalties           
          for 1989 and 1990 are sustained and are applicable to each of the           
          income adjustments that we have sustained.                                  
               Petitioner argues that the imposition against him in this              
          case of a fraud addition to tax for 1988 and of fraud penalties             
          for 1989 and 1990 would constitute double jeopardy and cruel and            
          unusual punishment in violation of the 5th and 8th amendments to            
          the U.S. Constitution.  Petitioner's argument is without merit.             
          See United States v. Alt, 83 F.3d 779 (6th Cir. 1996); Ianniello            
          v. Commissioner, 98 T.C. 165, 176-187 (1992).                               

          Other Additions To Tax                                                      
               Also at issue are additions to tax under section 6661(a) for           
          1988 and under section 6651(a)(1) for 1989.  Petitioner has not             
          established under section 6661(a) that the underpayment for 1988,           
          as reflected on the Federal income tax return that was filed for            
          1988, was based on substantial authority.  For 1989, petitioner             
          has not established under section 6651(a)(1) that the late filing           
          of his return for that year was due to reasonable cause.                    
               We sustain the imposition of each of these additions to tax.           

                                             Decision will be entered                 
                                        under Rule 155.                               









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