Lionel D. Kolker - Page 11

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          “obligation” to file a tax return and pay tax.  The transcript of           
          the hearing amply demonstrates that Ms. Chadwell provided a                 
          meaningful opportunity to present relevant, nonfrivolous                    
          arguments why the levy should not be allowed to proceed, but                
          petitioner repeatedly refused to provide any such arguments and             
          the information necessary to support them.  For example, despite            
          several requests for information regarding petitioner’s financial           
          condition made both before and during the hearing, petitioner               
          failed to provide it.  When petitioner did not cooperate, Ms.               
          Chadwell justifiably terminated the hearing.  Her decision to               
          terminate the hearing was not evidence of bias; rather, it                  
          demonstrated that there is a limit to the tax system’s tolerance            
          for unproductive and frivolous exchanges regarding a taxpayer’s             
          obligations to file returns and pay tax.                                    
               On this record, we conclude that there is no genuine issue             
          of material fact requiring a trial in this case, and we hold that           
          respondent is entitled to the entry of a decision sustaining the            
          proposed levy as a matter of law.                                           
          B.  Section 6673 Penalty                                                    
               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 it appears that the taxpayer has instituted or                  
          maintained a proceeding primarily for delay, or that the                    
          taxpayer’s position is frivolous or groundless.  Section                    






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