Jerry Lee Harvey - Page 24




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          Pursuant to this agreement, petitioner told Federal authorities              
          about his financial dealings, including the existence of funds in            
          the Cayman Islands.                                                          
               Petitioner's 1980 plea agreement has already been the                   
          subject of extensive litigation.  In finding the jeopardy                    
          assessments for 1978 through 1983 against petitioner reasonable,             
          and the amount assessed appropriate under the circumstances, the             
          District Court for the Southern District of Florida held:                    
                    This Court does not accept * * * [petitioner's]                    
               contentions that his 1980 grant of immunity estops the                  
               Government from making jeopardy assessments for civil                   
               tax liabilities against the taxpayer.  For ease of                      
               analysis, the assessments can be divided between pre-                   
               immunity and post-immunity tax years.  The Eleventh                     
               Circuit has determined that the 1980 grant of immunity                  
               does not encompass tax years subsequent to 1979 and                     
               that * * * [petitioner] is not immune from criminal                     
               prosecution for tax evasion for post-immunity tax                       
               years.  Harvey, 869 F.2d at 1449.  In light of the fact                 
               that the immunity agreement does not even extend to tax                 
               years after 1979, there is no question that the grant                   
               of immunity does not preclude the Service from making                   
               assessments for the tax years 1980 through 1983.  As                    
               for 1978 and 1979, the trial judge in United States v.                  
               Harvey, 651 F. Supp. 894 (S.D. Fla. 1986), rev'd 869                    
               F.2d 1439 (11th Cir. 1989) originally held that there                   
               was immunity from criminal prosecution for tax evasion                  
               for these years, but has subsequently determined that,                  
               at least for purposes of a termination assessment, the                  
               grant of immunity did not include civil matters.                        
               Harvey v. United States, Case No. 87-6193 (S.D. Fla.                    
               September 24, 1987).  Given the limited effect of                       
               judicial review of a jeopardy assessment pursuant to                    
               section 7429, this Court will adopt this well-reasoned                  
               approach.  For purposes of this jeopardy review, the                    
               1980 grant of immunity does not preclude the Government                 
               from making assessments for civil tax liabilities for                   
               the years 1978 and 1979.  [Harvey v. United States, 730                 
               F. Supp. at 1104-1105.]                                                 





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