- 9 - Respondent also seeks to have this Court award costs against Mr. Ray pursuant to section 6673(a)(2)(A).6 For a history of section 6673(a)(2) and a full discussion of the standards to be considered, see Harper v. Commissioner, 99 T.C. 533, 545 (1992); see also Murphy v. Commissioner, T.C. Memo. 1995-76; Leach v. Commissioner, T.C. Memo. 1993-215. We stated in Murphy as follows: Section 6673(a)(2) is derived from section 1927 of the Judicial Code, 28 U.S.C. section 1927 (1988), and it has been held that imposition of a sanction under 28 U.S.C. section 1927 requires a "clear showing of bad faith". See, e.g., Oliveri v. Thompson, 803 F.2d 1265, 1273 (2d Cir. 1986); Kamen v. American Telephone & Telegraph Co., 791 F.2d 1006, 1010 (2d Cir. 1986). However, a minority of Courts of Appeals, including the Court of Appeals for the District of Columbia Circuit, do not require such a showing. Reliance Ins. Co. v. Sweeney Corp., 792 F.2d 1137, 1138 (D.C. Cir. 1986); see also In Re Ruben, 825 F.2d 977, 983-984 (6th Cir. 1987). This Court has not decided which standard we will apply. * * * [Fn. ref. omitted.] We are satisfied that Mr. Ray acted in bad faith. The position argued by him is frivolous and groundless. As in Sauers v. Commissioner, petitioners' counsel did not dispute the deficiencies and additions to tax but "raised a litany of legal arguments typical of those asserted by 'tax protesters.'" Sauers 6 The failure of this Court to impose sanctions against petitioners pursuant to sec. 6673 does not necessitate a finding that these sanctions should not be levied against counsel for petitioners as well. To the contrary, we may determine that petitioners' counsel's actions warrant imposition of a sanction despite our failure to impose such sanctions against petitioners. See Harper v. Commissioner, 99 T.C. 533 (1992), in which this Court granted sec. 6673 sanctions against taxpayers' counsel but not against taxpayers.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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