- 11 - Commissioner, supra at 546. Despite being admonished by the Court, Mr. Ray proceeded to make frivolous nonsensical arguments at trial and on brief. His statements with respect to lack of knowledge of matters relating to assertions and arguments made before this Court reflect a failure to carefully review the evidence in this case and do the appropriate research to properly prepare the case.7 The fact of his having filed an entry of appearance the day before trial is not an acceptable excuse for counsel's action in this case. Such conduct has multiplied the proceedings unreasonably and vexatiously. We also note that this is not the first time Mr. Ray has appeared before this Court to advance tax protester claims. In Reichenbach v. Commissioner, T.C. Memo. 1995-369, Mr. Ray unsuccessfully argued that "respondent may only determine a deficiency for a taxpayer when she receives a tax return `filled out and filed by the taxpayer.'" Mr. Ray also argued in Reichenbach that respondent bears the burden of proof because Rule 142(a) is without statutory support. The Court explained that these arguments, which are virtually identical to those raised here, are frivolous tax protester claims. Therefore, Mr. Ray was well aware that such claims are frivolous, and yet he continued to advance them in the present case. We conclude 7 See also Rule 33(b); Versteeg v. Commissioner, 91 T.C. 339 (1988); Shamam v. Commissioner, T.C. Memo. 1992-77.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011