Description of Tax Penalties : Scheduled for a Hearing Before the Subcommittee Oversight of the Committee On Ways And Means On March 31, 1988 Jcs-9-88

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Description of Tax Penalties : Scheduled for a Hearing Before the Subcommittee Oversight of the Committee On Ways And Means On March 31, 1988 Jcs-9-88
United States. Congress. Joint Committee On Taxation
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Under the compensation theory, penalties would not be related rimarily to the taxpayer's behavior that generated the Govern- ment's assessment, but rather to the Government's costs of detect- ng and collecting the underassessment. This could be achieved by assessing the additional tax and interest due as well as a service harge for the amount of various types of resources which were re- uired to locate and determine the assessment. Doing so could con- lict, however, with equity goals, in that c
...harging taxpayers for the government's costs, which are predominantly determined by the Government and are not necessarily proportional either to the tax lue or to its costs with respect to similarly-situated taxpayers, may )e viewed as unfair. This view of penalties is present, however, in ertain penalty provisions. For example, certain criminal penalties mder the Code require a convicted taxpayer to reimburse the Gov- ;rnment for the costs of prosecution. In addition, the penalty ^ ^ for ailure to pay taxes after notice and demand doubles ^^ after the 5 'Section 6651(a)(3).

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