Kevin A. Roberts - Page 4

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                                       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.                   




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