- 7 - 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.Page: Previous 1 2 3 4 5 6 7
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