- 6 - We disagree. None of those cases involved criminal and civil liability under the Internal Revenue Code. Their impact in the Federal income tax arena has been considered by the Court of Appeals for the Sixth Circuit in United States v. Alt, 83 F.3d 779 (1996), and by the Court of Appeals for the Fourth Circuit in Thomas v. Commissioner, 62 F.3d 97 (1995), affg. T.C. Memo. 1994- 128, and by this Court in several cases, see, e.g., Louis v. Commissioner, T.C. Memo. 1996-257; Price v. Commissioner, T.C. Memo. 1996-204. In each case, the respective court upheld the additions to tax for fraud as remedial and ruled that the Supreme Court cases relied upon by petitioner did not apply. See also Gordon v. Commissioner, T.C. Memo. 1997-36, in which we reach the same conclusion based on the above-quoted language from Helvering v. Mitchell, supra. We see no need to repeat the analysis set forth in the opinions in those cases. It is enough to point out that each of them accorded Helvering v. Mitchell, supra, continuing vitality as the basic authority for their conclusion that the Double Jeopardy Clause did not apply and distinguished the cases relied upon by petitioner.4 Moreover, any doubt about their treatment of Mitchell disappears when one takes into account the Supreme Court's most recent pronouncement on the issue of double jeopardy 4 See also United States v. Brennick, 908 F. Supp. 1004 (D. Mass. 1995), which sets forth an extensive analysis in respect of the continued vitality of Mitchell.Page: Previous 1 2 3 4 5 6 7 Next
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