Kevin A. Roberts - Page 7

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          in the forfeiture context, where the Court reaffirmed the basic             
          principle involved, namely, that the ultimate test is whether the           
          Congress intended the civil penalty to be punishment and held               
          that the forfeiture involved did not fall within the punishment             
          category with the result that the Double Jeopardy Clause did not            
          apply.  United States v. Ursery, 518 U.S.    , 116 S.Ct. 2135               
          (1996).  In reaching that conclusion, the Supreme Court analyzed            
          in detail Austin v. United States, supra, United States v.                  
          Halper, supra, and Department of Revenue of Montana v. Kurth                
          Ranch, supra, in the course of which it referred, without                   
          qualification, to and quoted from Helvering v. Mitchell, supra.             
          See United States v. Ursery, 518 U.S. at    , 116 S.Ct. at 2148-            
          2149.                                                                       
               In sum, we hold that the Double Jeopardy Clause does not               
          preclude respondent from asserting the deficiencies and the                 
          addition to tax for fraud.  A fortiori, it does not preclude the            
          imposition of the addition to tax under section 6654, which does            
          not arise out of petitioner's criminal activity, and in any event           
          is properly characterized as remedial and not punishment.  See              
          Hawkins v. Commissioner, T.C. Memo. 1994-441, affd. without                 
          published opinion 66 F.3d 325 (6th Cir. 1995).                              
               To reflect our holding herein and petitioner's concessions             
          in respect of the amounts set forth in the notice of deficiency,            
                                                  Decision will be entered            
                                             for respondent.                          




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