Frederick M. Fox - Page 13

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          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 summary            




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