Aldrich H. Ames - Page 20




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          civil sanction into a criminal penalty.  Id. at 99 (quoting                 
          United States v. Ward, 448 U.S. 242, 248-249 (1980)).                       
               Congress intended the penalty for negligence to be a civil,            
          not a criminal, sanction.  See Helvering v. Mitchell, 303 U.S.              
          391, 402 (1938); Louis v. Commissioner, 170 F.3d at 1235.  The              
          statutory language reflects that the section 6662 accuracy-                 
          related penalty for negligence is a penalty in connection with              
          civil tax liability (addition to the tax).  See also Louis v.               
          Commissioner, 170 F.3d at 1235, where the same conclusion was               
          reached by the Court of Appeals concerning the civil fraud                  
          penalty.                                                                    
               Having decided that a civil penalty was intended, we now               
          consider the following “useful guideposts” provided in Hudson to            
          determine whether the statutory scheme is punitive in either                
          purpose or effect:                                                          
               (1) “[w]hether the sanction involves an affirmative                    
               disability or restraint”; (2) “whether it has                          
               historically been regarded as a punishment”; (3)                       
               “whether it comes into play only on a finding of                       
               scienter”; (4) “whether its operation will promote the                 
               traditional aims of punishment--retribution and                        
               deterrence”; (5) “whether the behavior to which it                     
               applies is already a crime”; (6) “whether an                           
               alternative purpose to which it may rationally be                      
               connected is assignable for it”; and (7) “whether it                   
               appears excessive in relation to the alternative                       
               purpose assigned.”                                                     
          Hudson v. United States, supra at 99-100 (quoting Kennedy v.                
          Mendoza-Martinez, 372 U.S. 144, 168-169 (1963)).  These factors             






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