Edwin J. Dunbar, Jr. - Page 14

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          arguments that the Court found to be frivolous and groundless.9             
          In that Order, the Court reminded petitioner about section                  
          6673(a)(1) and admonished him as follows:                                   
               In the event that petitioner continues to advance                      
               frivolous and/or groundless statements, contentions,                   
               and arguments, the Court will be inclined to impose a                  
               penalty not in excess of $25,000 on petitioner under                   
               section 6673(a)(1), I.R.C.                                             
               On March 17, 2006, the Court received from petitioner a                
          pretrial memorandum (petitioner’s pretrial memorandum) that the             
          Court had filed as of that date.  Petitioner’s pretrial memoran-            
          dum contained (1) certain statements, contentions, arguments,               
          and/or requests that, although stated somewhat differently, are             
          very similar to certain statements, contentions, arguments,                 
          and/or requests that petitioner previously advanced and                     
          (2) certain additional statements, contentions, arguments, and/or           
          requests that petitioner did not previously advance and that the            
          Court finds to be frivolous and/or groundless.                              
                                     Discussion                                       
          Jurisdictional Matter                                                       
               The Court does not have jurisdiction over a frivolous return           
          penalty under section 6702.  Van Es v. Commissioner, 115 T.C.               


               9The frivolous and/or groundless statements, contentions,              
          and/or arguments in petitioner’s amended petition are very                  
          similar to the frivolous and/or groundless statements, conten-              
          tions, and/or arguments in the petitions filed with the Court by            
          certain other taxpayers.  See, e.g., Copeland v. Commissioner,              
          T.C. Memo. 2003-46; Smith v. Commissioner, T.C. Memo. 2003-45.              





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