Richard Hamzik - Page 6

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          v. Commissioner, T.C. Memo. 2004-194; Green v. Commissioner, T.C.           
          Memo. 2003-264; Brown v. Commissioner, T.C. Memo. 2003-261;                 
          Dunham v. Commissioner, T.C. Memo. 2003-260; Hodgson v.                     
          Commissioner, T.C. Memo. 2003-122.                                          
               On the basis of the record before us, we are convinced that            
          petitioner has instituted and maintained these proceedings                  
          primarily for delay and that he has cognizantly advanced in this            
          proceeding only frivolous and groundless arguments.  We note four           
          occasions on which petitioner has been informed that his                    
          arguments are groundless and/or frivolous.  First, in an Oral               
          Opinion of this Court dated September 26, 2000, affd. Hamzik v.             
          Commissioner, 25 Fed. Appx. 911 (9th Cir. 2001), a case that                
          concerned petitioner’s 1996 taxable year, the Court admonished              
          petitioner that the arguments which he made there, which were               
          similar to the arguments which he makes here, were “frivolous”.             
          The Court also informed petitioner that we would have considered            
          imposing upon him a penalty under section 6673 had such a request           
          been made by respondent.  Id.  Second, petitioner by his own                
          admission (set forth in his response) acknowledges that, upon his           
          appeal of that case to the Court of Appeals for the Ninth                   
          Circuit, the Court of Appeals sanctioned him for advancing                  
          frivolous arguments there.  Third, in Hamzik v. United States,              
          92 AFTR 2d 2003-5743 (Fed. Cl. 2003), a case involving                      
          petitioner’s claim for refunds of 1995 and 1997 Federal income              






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