John S. Black - Page 9

                                                - 9 -                                                   
                  As relevant herein, section 6673(a)(1) authorizes the Tax                             
            Court to require a taxpayer to pay to the United States a penalty                           
            not in excess of $25,000 whenever it appears that proceedings                               
            have been instituted or maintained by the taxpayer primarily for                            
            delay or that the taxpayer's position in such proceeding is                                 
            frivolous or groundless.                                                                    
                  The record in this case convinces us that petitioner was                              
            never interested in disputing the merits of either the                                      
            deficiencies in income taxes or the additions to tax as                                     
            determined by respondent in the notices of deficiency.  Rather,                             
            the record demonstrates that petitioner regards this case as a                              
            vehicle to protest the tax laws of this country and espouse his                             
            own misguided views.                                                                        
                  A petition to the Tax Court 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).  Petitioner's position, as set forth                           
            in the petition and amended petition and as amplified by his Rule                           
            50(c) statement, consists solely of tax protester rhetoric and                              
            legalistic gibberish.  Based on well-established law,                                       
            petitioner's position is frivolous and groundless.                                          
                  We are also convinced that petitioner instituted and                                  
            maintained this proceeding primarily, if not exclusively, for                               
            purposes of delay.  Having to deal with this matter wasted the                              
            Court's time, as well as respondent's.  Moreover, taxpayers with                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011