Jerry Lee Harvey - Page 38




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          section 6663 for 1989.  Petitioner asserts that he had a good                
          faith belief that his 1980 plea agreement gave him immunity from             
          civil taxes and thus precludes a finding of fraud.                           
               Section 6653(b) as applicable to 1978 through 1981 imposes              
          an addition to tax of 50 percent of the underpayment if any                  
          portion of the underpayment is due to fraud.  For 1982, 1983, and            
          1985, section 6653(b)(1) imposes an addition to tax of 50 percent            
          of the underpayment if any portion of the underpayment is due to             
          fraud, and section 6653(b)(2) imposes an additional amount equal             
          to 50 percent of the interest with respect to the portion of the             
          underpayment attributable to fraud.  For 1986 and 1987, section              
          6653(b)(1)(A) imposes an addition to tax of 75 percent of the                
          portion of the underpayment attributable to fraud, and section               
          6653(b)(1)(B) imposes an additional amount equal to 50 percent of            
          the interest with respect to such portion.  For 1988, section                
          6653(b) imposes an addition to tax of 75 percent of the                      
          underpayment attributable to fraud.  For 1989, the fraud penalty             
          imposed under section 6663 is equal to 75 percent of the portion             
          of the underpayment attributable to fraud.6  For the years 1986              
          through 1989, if respondent proves that any portion of the                   
          underpayment is attributable to fraud, the entire underpayment               
          shall be treated as attributable to fraud, unless petitioner can             


               6See supra note 2.                                                      




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