Gary L. Carnahan - Page 7

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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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