- 8 - 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 Clause. 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011