Raymond Bourbeau - Page 9

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               Petitioner has failed to raise a spousal defense, make a               
          valid challenge to the appropriateness of respondent’s intended             
          collection action, or offer alternative means of collection.                
          These issues are now deemed conceded.  Rule 331(b)(4).                      
          Accordingly, we conclude that respondent did not abuse his                  
          discretion, and we sustain respondent’s determination.                      
               Section 6673(a)(1) authorizes this Court to require a                  
          taxpayer to pay to the United States a penalty not to exceed                
          $25,000 if the taxpayer took frivolous positions in the                     
          proceedings or instituted the proceedings primarily for delay.              
          In Pierson v. Commissioner, 115 T.C. 576, 581 (2000), we issued             
          an unequivocal warning to taxpayers concerning the imposition of            
          a penalty pursuant to section 6673(a) on those taxpayers who                
          abuse the protections afforded by sections 6320 and 6330 by                 
          instituting or maintaining actions under those sections primarily           
          for delay or by taking frivolous or groundless positions in such            
          actions.                                                                    
               In the petition, petitioner raised frivolous arguments and             
          contentions that we have previously rejected and which we                   
          conclude were interposed primarily for delay.2  This has caused             


               2  In the case at bar, petitioner appears to be following a            
          strategy similar to the one provided to him at the hearing by               
          Thomas Smith.  Although these frivolous arguments may have been             
          provided by Mr. Smith, it was petitioner’s choice to follow this            
          bad advice, and petitioner must face the consequences of his                
          actions.                                                                    





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