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Petitioner took frivolous positions at trial, including that
(1) he was not a taxpayer as defined by the Internal Revenue
Code; (2) income from his tax return preparation business was not
taxable; (3) payment of Federal income tax is voluntary; (4) he
can only be taxed based on substitutes for returns that qualify
under section 6020(b) and that are on forms approved by OMB and
signed by the Secretary; and (5) no proper assessment was made
because respondent did not provide Form 23C. Respondent’s
settlement officer warned petitioner that he might be held liable
for a penalty under section 6673. Petitioner continued to make
frivolous arguments in his petition, during pretrial proceedings,
at trial, and in his brief.
A taxpayer may be liable for a penalty under section 6673 if
the taxpayer knew or should have known that his or her claim or
argument was frivolous. Hansen v. Commissioner, 820 F.2d 1464,
1470 (9th Cir. 1987); Nis Family Trust v. Commissioner, 115 T.C.
523, 544 (2000); Corcoran v. Commissioner, T.C. Memo. 2002-18,
affd. 54 Fed. Appx. 254 (9th Cir. 2002). Petitioner is a
professional tax return preparer who knew or should have known
that his arguments are frivolous. We conclude that petitioner
instituted and maintained these proceedings primarily for delay.
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Last modified: May 25, 2011