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this Court is frivolous or groundless or that the proceeding was
instituted or maintained by the taxpayer primarily for delay.
E.g., Coulter v. Commissioner, 82 T.C. 580, 584-586 (1984);
Wilkinson v. Commissioner, 71 T.C. 633, 639-643 (1979). Under
the circumstances presented herein, we conclude that petitioner's
position in this case is frivolous and groundless and that this
proceeding was instituted and maintained primarily for delay.
Accordingly, we shall grant respondent's request for a penalty
under section 6673. We hold that petitioner is liable for a
penalty under that section in the amount of $5,000.
To reflect the foregoing and respondent's concession,
Decision will be
entered under Rule 155.
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Last modified: May 25, 2011