- 30 - Commissioner, T.C. Memo. 1988-311; see also Walker v. Commissioner, 757 F.2d 36 (3d Cir. 1985), revg. T.C. Memo. 1983- 538; Gerardo v. Commissioner, supra; Mandina v. Commissioner, T.C. Memo. 1982-34, affd. 758 F.2d 1399 (11th Cir. 1984) and affd. in part, revd. in part, and remanded sub nom. Schaffer v. Commissioner, 779 F.2d 849 (2d Cir. 1985); Barber v. Commissioner, T.C. Memo. 1980-39, affd. without published opinion 679 F.2d 896 (9th Cir. 1982). Giongo also argues that determining as to him the same deficiencies as those determined against the other petitioners, when he had at most a small role in the conspiracy, violates his rights under the Eighth Amendment to the Constitution.13 The imposition of liability for a Federal income tax deficiency and the additions to tax for fraud, however, has been held to be remedial and not punitive. Helvering v. Mitchell, 303 U.S. 391, 397 (1938); United States v. Alt, 83 F.3d 779, 784 (6th Cir. 1996); Thomas v. Commissioner, 62 F.3d 97 (4th Cir. 1995), affg. T.C. Memo. 1994-128; McNichols v. Commissioner, 13 F.3d 432 (1st Cir. 1993), affg. T.C. Memo. 1993-61; Ianniello v. Commissioner, 98 T.C. 165, 180 (1992). Accordingly, the Eighth Amendment does not apply in the context of this civil tax proceeding.14 13 The Eighth Amendment provides that "Excessive bail shall not be required, nor excessive fines imposed". U.S. Const. amend. VIII. 14 However, in keeping with the opinion of the Court of Appeals (continued...)Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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