- 4 - OPINION Petitioner does not contest the amounts of the deficiencies or the additions to tax. Rather, petitioner contends that respondent's determination violates the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution,2 in that he has already been punished for his actions through imprisonment and forfeiture of all of the proceeds of his illegally obtained income. The Double Jeopardy Clause protects individuals against multiple punishments for the same offense. United States v. Halper, 490 U.S. 435, 440 (1989). "The Double Jeopardy Clause does not bar 'a civil action by the Government, remedial in its nature, arising out of the same facts on which the criminal proceeding was based'." Ianniello v. Commissioner, 98 T.C. 165, 177 (1992) (quoting Helvering v. Mitchell, 303 U.S. 391, 397 (1938)). The impact of the Double Jeopardy Clause on civil tax disputes has been the subject of continuous scrutiny for many years. The seminal case involving both a deficiency and an 2 The Double Jeopardy Clause of the Fifth Amendment provides "nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb". U.S. Const. amend. V.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011