- 13 - As a final matter, we raise on our motion the question of whether we should impose a penalty against petitioner under section 6673(a)(1). As relevant herein, section 6673(a)(1) authorizes the Tax Court to require a taxpayer to pay to the United States a penalty not in excess of $25,000 whenever it appears that proceedings have been instituted or maintained by the taxpayer primarily for delay or that the taxpayer's position in such proceeding is frivolous or groundless. A petition to the Tax Court is frivolous "if it is contrary to established law and unsupported by a reasoned, colorable argument for change in the law." Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986). Aside from the issues which were settled concerning petitioner's investment in Coram Taxvest Windfarms, petitioner's position, as articulated in his pleadings, motions for summary judgment, and Rule 50(c) statements, consists solely of tax protester rhetoric and legalistic gibberish. Based on well-established law, we find that petitioner's position is frivolous and groundless. We are also satisfied that, following settlement of the Coram Taxvest Windfarms issues, petitioner maintained these proceedings primarily for purposes of delay. We flatly rejected petitioner's tax protester arguments earlier in these proceedings when we granted respondent's motions for partial summary judgment. Fox v. Commissioner, T.C. Memo. 1993-37. In this light, it is clear that petitioner filed his motions for summaryPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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