Francisco A. Murillo - Page 8

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          cited by petitioner in the Federal income tax arena and found               
          that these cases did not apply for purposes of the Double                   
          Jeopardy Clause or the Excessive Fines Clause.  United States v.            
          Alt, supra; Thomas v. Commissioner, 62 F.3d 97 (4th Cir. 1995),             
          affg. T.C. Memo. 1994-128; McNichols v. Commissioner, supra; see            
          United States v. Ursery, 518 U.S. ___, 116 S.Ct. 2135 (1996)                
          (which considered the cases petitioner cites in the context of a            
          civil forfeiture under 18 U.S.C. sec. 981, the same statute under           
          which petitioner forfeited his funds, and held that such civil              
          forfeiture was not punishment for purposes of the Double Jeopardy           
          Clause); see also Hudson v. United States, 522 U.S.     (Dec. 10,           
          1997) (which provides a further analysis of the cases which                 
          petitioner cites).                                                          
               We hold that the denial of the loss deduction while imposing           
          a liability for Federal income tax on the forfeited money does              
          not violate the Double Jeopardy Clause or the Excessive Fines               
               Section 72(t) Tax                                                      
               Section 72(t)(1) provides:                                             
               If any taxpayer receives any amount from a qualified                   
               retirement plan (as defined in section 4974(c)), the                   
               taxpayer's tax under this chapter for the taxable year                 
               in which such amount is received shall be increased by                 
               an amount equal to 10 percent of the portion of such                   
               amount which is includible in gross income.                            

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