Raymond Gori - Page 9

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          respondent’s counsel and by this Court.4  In sum, respondent may            
          proceed with the sustained levy.                                            
          3.   Section 6673 Penalty                                                   
               Taxpayers invoking frivolous and groundless claims and                 
          instituting proceedings under section 6330(d) for the purpose of            
          delay are subject to penalties.  Sec. 6673(a)(1).  A position is            
          frivolous where it is “contrary to established law and                      
          unsupported by a reasoned, colorable argument for change in the             
          law.”  Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986);            
          Gilligan v. Commissioner, T.C. Memo. 2004-194.  We have imposed             
          section 6673 penalties in levy review cases where the taxpayer              
          has raised irrelevant and frivolous arguments as to the validity            
          of the Federal income tax system.  See Hamzik v. Commissioner,              
          T.C. Memo. 2004-223; Gilligan v. Commissioner, supra. Petitioner            
          is hereby warned.  Should he insist on further asserting                    
          frivolous and irrelevant arguments, or instituting court                    
          proceedings for the purpose of delaying collection, penalties               
          will be imposed.                                                            

               4   We also note that assuming that the Appeals officer did            
          err in refusing to meet with petitioner in a face-to-face                   
          hearing, according to the rule of prejudicial error (or the                 
          doctrine of harmless error), as applied to an administrative                
          action, the reviewing court shall disregard procedural errors               
          unless the complaining party was prejudiced thereby.  Keene v.              
          Commissioner, 121 T.C. 8, 21 (2003) (Halpern, J., concurring).              
          Petitioner has not presented any evidence that he was so                    
          prejudiced by the Appeals officer’s refusal to hear frivolous and           
          irrelevant arguments in person.                                             






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