William B. and Diane S. Meyer - Page 11

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                             (B) the taxpayer’s position in such                      
                        proceeding is frivolous or groundless, or                     
                             (C) the taxpayer unreasonably failed to                  
                        pursue available administrative remedies,                     
              the Tax Court, in its decision, may require the                         
              taxpayer to pay to the United States a penalty not in                   
              excess of $25,000.                                                      
               The record demonstrates that petitioners’ contentions are              
          frivolous and groundless, and we are convinced that petitioners             
          instituted and maintained the instant proceeding primarily, if              
          not exclusively, for purposes of delay.9  Petitioners were                  
          provided with a copy of Pierson v. Commissioner, 115 T.C. at 581,           
          in which we stated:                                                         
               we regard this case as fair warning to those taxpayers who,            
               in the future, institute or maintain a lien or levy action             
               primarily for delay or whose position in such a proceeding             
               is frivolous or groundless.  See White v. Commissioner, 72             
               T.C. 1126, 1135-1136 (1979) (providing fair warning to                 
               taxpayers in deficiency actions who bring frivolous case               
               merely for purposes of delay).                                         
          Consequently, pursuant to section 6673(a)(1), we shall require              
          petitioners to pay to the United States a penalty of $15,000.               
               To reflect the foregoing,                                              

                                                   An appropriate order and           
                                               decision for respondent will           
                                               be entered.                            


               9Petitioners have made the same frivolous and groundless               
          contentions in a separate proceeding before this Court, docket              
          No. 13514-03L, with respect to their 1996 tax year.                         




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