Randal W. Howard - Page 13

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          frivolous or groundless or the proceedings were instituted                  
          primarily for delay.  Sec. 6673(a)(1)(B).  A position maintained            
          by the taxpayer is frivolous if 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.                       
               Petitioner’s positions at trial that being paid is not a               
          taxable event and that respondent has refused to identify the               
          statutes that makes him liable to pay the taxes at issue are                
          frivolous.  Petitioner had five previous cases in this Court and            
          has previously been found liable for the penalty under section              
          6673.  He has had ample warning of the penalty under section                
          6673.  We conclude that petitioner instituted these proceedings             
          primarily for delay and that he is liable for a penalty under               
          section 6673 of $12,500.                                                    
               To reflect the foregoing and concessions by respondent,                

                                                       Decision will be               
                                                  entered under Rule 155.             















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