- 7 - First, he contends that imposition of the addition to tax results in double jeopardy. This Court has already decided that double jeopardy does not apply to section 6661(a) additions imposed after criminal conviction pursuant to section 7201. See Miller v. Commissioner, T.C. Memo. 1994-249. Petitioner's second argument is hard to follow in the light of section 6661(b). He states that his understatement "was the result of a failure of proof as to items of deductions that arose from improper record keeping." At most petitioner appears to be stating that he would have been entitled to additional deductions upon substantiation. However, even if one should accept petitioner's statement as a factual matter, he still would not have a valid defense against the section 6661 addition to tax, and there would not be any genuine issue of triable material fact in this connection. An order will be issued granting respondent's motion for summary judgment and decisions will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011