- 8 - respective petitions to this Court, petitioners alleged that respondent's determinations would be refuted by the facts they would present at trial. Petitioners did not present any evidence with respect to income or deductions. In fact, petitioners conceded the adjustments at trial. While respondent alludes to frivolous arguments made by petitioners, the record does not reflect any frivolous or groundless arguments made by petitioners prior to their representation by Mr. Ray. Nor is this Court convinced that the petitions were filed primarily for delay. Therefore, in the exercise of our discretion, we decline to impose penalties pursuant to section 6673(a)(1) against petitioners. 5(...continued) primarily for delay, (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. (2) Counsel's liability for excessive costs.-- Whenever it appears to the Tax Court that any attorney or other person admitted to practice before the Tax Court has multiplied the proceedings in any case unreasonably and vexatiously, the Tax Court may require-- (A) that such attorney or other person pay personally the excess costs, expenses, and attorneys' fees reasonably incurred because of such conduct, * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011