SPECIAL HANDLING OF NIXON PENALTY CONCEDED BY I.R.S.
HR Judiciary Com discloses in its statements of information that IRS Comr Donald C Alexander conceded that he handled tax penalties against Pres Nixon differently than IRS normally would for other taxpayers; rept shows that IRS investigators informed Alexander that evidence of fraud in Nixon's returns might be found if Pres aides who had refused to testify on matter were compelled to do so; Alexander says IRS simultaneously notified Nixon that it had found large deficiencies on his return and was assessing him a 5% negligence penalty rather than 50% fraud penalty; charge that Nixon's tax returns were fraudulent was 1 of articles of impeachment proposed by HR Judiciary Com staff, which said that investigation of alleged fraud ‘remained incomplete and inconclusive’ solely because Nixon is Pres; IRS found Nixon underpaid his taxes for yrs ‘69‐'72 by total of $419,229.69, a figure that was somewhat lower than $444,022.32 deficiency that was found by Cong Joint Com on Internal Revenue Taxation; reasons for differences between 2 figures discussed; bulk of com's rept is devoted to discussion of largest item of controversy in Nixon's tax returns: deductions, totaling $482,000, that Nixon took for gift to Natl Archives of some of his pre‐Pres papers; Robert L Browne, chief of intelligence div of Balitmore dist office, made statements about aides’ testimony; Browne's subordinate, William Jackson, agent who did bulk of fraud investigation, had reptd to Browne about ‘inconsistencies’ in testimony of Frank DeMarco Jr, appraiser Ralph Newman and Edward L Morgan; Jackson's rept noted that DeMarco's partner Herbert W Kalmbach had denied having anything to do with preparation of Nixon's ‘69 return; but Jackson rept says Kalmbach's diary notations indicate that he was involved in matter; rept also noted that John D Ehrlichman was apparently also involved in gift of papers and ‘69 return; Jackson suggested that grand jury be asked to investigate roles of DeMarco, Newman, Morgan, Ehrlichman and Kalmbach in preparing Nixon's ‘69 return and gift of papers; Alexander recommended such an investigation to Watergate prosecutor Leon Jaworski; HR Judiciary Com repts statement that Nixon got refund on his ‘69 tax return as originally filed (it amounted to $35,301.17) in 2 wks; Judiciary Com statement includes several memos from Nixon's tax attys, Kenneth W Gemmill and H Chapman Rose, asserting, among other things, that they believe Nixon would be upheld in ct on several of tax items that had been disallowed by both Cong Joint Com and IRS (L)