Gary Anders - Page 7




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          necessary to meet with him in order to prepare his case for                 
          trial.  Petitioner was also advised that he could bring his new             
          representative with him to the meeting to prepare his case for              
          trial.                                                                      
               Also on June 15, 1999, petitioner was advised in writing               
          that respondent might file a motion seeking sanctions under                 
          section 6673 because of his failure to meet and discuss the                 
          issues of his case, his various tactics of delay, and his failure           
          to comply with the Court's orders regarding Respondent's Request            
          for Production of Documents and Respondent's Interrogatories to             
          Petitioner.                                                                 
               On June 16, 1999, petitioner's new representative, Gene                
          Bridges (Bridges), of Associated Tax Consultants, sent respondent           
          a letter by facsimile in which petitioner claimed to be a                   
          nonresident alien.  This letter was submitted in lieu of                    
          attending a scheduled conference on June 18, 1999.                          
                                     Discussion                                       
               The Tax Court is authorized under section 6673(a)(1) to                
          require a taxpayer to pay to the United States a penalty not in             
          excess of $25,000 when it appears to the Court that the                     
          proceedings have been instituted or maintained by the taxpayer              
          primarily for delay or if the taxpayer's position in the                    
          proceedings is frivolous or groundless.  See sec. 6673(a)(1)(A)             
          and (B).  A position maintained by the taxpayer is "frivolous"              





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