Scott Ray Holmes - Page 7

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          C.   Whether Petitioner Is Liable for a Penalty Under Section               
               6673                                                                   
               In the amendment to answer and at trial, respondent contends           
          that petitioner is liable for a penalty under section 6673 on the           
          grounds that petitioner made only frivolous arguments and                   
          instituted these proceedings primarily for delay.                           
               The Court may impose a penalty of up to $25,000 if the                 
          taxpayer’s position or positions are frivolous or groundless or             
          the proceedings were instituted primarily for delay.  Sec.                  
          6673(a)(1)(B).  A taxpayer’s position is frivolous or groundless            
          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 took frivolous               
          positions before and during trial despite ample warnings before             
          trial from respondent.  We conclude that petitioner instituted              
          and maintained these proceedings primarily for delay.  We find              
          that petitioner is liable for a penalty under section 6673 in the           
          amount of $2,000.                                                           
               To reflect the foregoing,                                              

                                                       Decision will be               
                                                  entered under Rule 155.             









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