Jerry Lee Harvey - Page 25




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               Petitioner relies on a footnote in the en banc opinion of               
          the Court of Appeals for the Eleventh Circuit for the proposition            
          that his 1980 plea agreement bars respondent from pursuing any               
          taxes he failed to pay on his Cayman Islands funds before                    
          September 1980.  In the en banc review of his criminal tax                   
          indictment in Florida, the Court of Appeals stated:                          
               the government at least implicitly has come to                          
               recognize that the 1980 immunity agreement bars any                     
               prosecution for tax evasion allegedly committed before                  
               September of 1980 (the date of the immunity agreement),                 
               or any other legal action, such as forfeiture, that                     
               might arise from violations that allegedly took place                   
               before the immunity agreement.  Harvey got a fresh                      
               start in 1980, including his Cayman Islands money.                      
               [United States v. Harvey, 869 F.2d at 1443 n.6.]                        
          Petitioner argues that this footnote from the opinion of the                 
          Court of Appeals in his criminal tax case prevents respondent                
          from pursuing any taxes he failed to pay on his Cayman Islands               
          funds before September 1980, the date of the immunity agreement.             
          Petitioner further argues that the full extent of his 1980                   
          agreement, especially as it relates to civil tax liabilities                 
          after September 1980, needs to be addressed in these proceedings.            
               Petitioner's 1980 agreement does not encompass tax years                
          after 1979.  See United States v. Harvey, 869 F.2d at 1449;                  
          Harvey v. United States, 730 F. Supp. at 1104.  Accordingly,                 
          respondent is not precluded from pursuing taxes for the years                
          after 1979 by petitioner's 1980 agreement.                                   







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