- 3 - respondent determined and we sustained income tax deficiencies and civil fraud additions to tax relating to petitioners' tax years 1985, 1986, 1987, and 1988. See Schachter v. Commissioner, T.C. Memo. 1998-260. In their respective Rule 155 computations, without application of the claimed credit for the $250,000 criminal fine, the parties agree that petitioners are liable for the following deficiencies and additions to tax: Additions to Tax Sec. Sec. Sec. Sec. Sec. Sec. Sec. 6653 6653 6653 6653 6653 6653 6653 Sec. Year Deficiency (a)(1) (a)(1)(A) (a)(1)(B) (b)(1) (b)(1)(A) (b)(1)(B) (b)(2) 6661 1985 $163,048 -- -- -- $81,524 -- -- ** $40,762 1986 163,948 -- $179 * -- $120,280 ** -- 40,987 1987 109,791 -- 662 * -- 72,408 ** -- 27,448 1988 21,488 $39 -- -- 12,262 -- -- -- 5,372 * 50 percent of interest due on portion of underpayment attributable to negligence. ** 50 percent of interest due on portion of underpayment attributable to fraud. Throughout litigation of this case, petitioners have maintained that imposition of the civil fraud additions to tax on top of petitioner’s 2-year prison sentence and the $250,000 criminal fine would constitute double jeopardy and would violate the U.S. Constitution. The Supreme Court, however, has held that Congress may impose both criminal and civil sanctions with regard to the same acts without violating the double jeopardy clause of the U.S. Constitution. See Helvering v. Mitchell, 303 U.S. 391, 399 (1938); see also Hudson v. United States, 522 U.S. 93 (1996);Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011