- 10 - v. Commissioner, supra at 66. Additionally, counsel had fair notice that costs might be imposed against him for pursuing such frivolous arguments. At trial, after Mr. Ray made his opening statement, the Court read section 6673(a)(2) aloud and gave the following warning: The Court simply read that section to you, Mr. Ray, suggesting to you that you proceed at your peril. And if you want to proceed, you certainly may proceed. It may well be that there's something new that I've never seen or heard of before, but I'd, frankly, be surprised. Despite the warning, Mr. Ray proceeded to present argument with respect to the aforementioned issues. When Mr. Ray asked the Court if briefs could be filed with respect to the issues raised, the Court initially declined. At a later point in the proceeding, the Court indicated that it would permit briefs on the issue of the application of penalties or costs under section 6673. Nevertheless, Mr. Ray submitted a brief which included other arguments previously made. Mr. Ray also indicated in petitioners' brief as follows: At trial the undersigned was unaware that no financial information had been included on the Forms 1040 NR filed by Petitioners and would not have argued that said filing constitutes a return. This attorney is without sufficient information on the subject to form an opinion on the matter. The record in this case demonstrates that petitioners' counsel acted in bad faith. Bad faith relates not only to the commencement of litigation, but to the continuation of litigation vexatiously, wantonly, or for oppressive reasons. Harper v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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