Charles and Teresa Brodman - Page 8

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          Mr. Jewett that, upon review of his trial memoranda, it appeared            
          that he was making arguments that had led to penalties under                
          section 6673 against many taxpayers and that penalties had                  
          recently been affirmed by the Court of Appeals for the Sixth                
          Circuit, to which this case is appealable.  See, e.g., Hauck v.             
          Commissioner, T.C. Memo. 2002-184, affd. 64 Fed. Appx. 492 (6th             
          Cir. 2003) ($10,000 penalty affirmed).  The Court also cited to             
          Mr. Jewett the cases of Roberts v. Commissioner, 118 T.C. 365               
          (2002), affd. 329 F.3d 1224 (11th Cir. 2003); Takaba v.                     
          Commissioner, 119 T.C. 285 (2002); Edwards v. Commissioner, T.C.            
          Memo. 2003-149, in which awards were made under section                     
          6673(a)(2) against the taxpayers’ counsel in addition to                    
          penalties against the taxpayers in cases where frivolous                    
          arguments were made.  The Court also referred to Everman v.                 
          Commissioner, T.C. Memo. 2003-137, in which Mr. Jewett was                  
          counsel of record and his arguments about delegation of authority           
          were rejected.  When this case was called from the calendar on              
          June 2, 2003, Mr. Jewett acknowledged the Court’s warning to him,           
          stated that his clients had been apprised of the Court’s                    
          position, and asserted that his clients nonetheless wished to               
          pursue the arguments that the Court had identified as frivolous.            
          Mr. Jewett stated that he had not had time to read the cases                
          cited to him by the Court.                                                  







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