Darold D. Friesen and Rosella M. Friesen - Page 9

                                        - 9 -                                         
          to refute these arguments with somber reasoning and copious                 
          citation of precedent; to do so might suggest that these                    
          arguments have some colorable merit."  Crain v. Commissioner, 737           
          F.2d 1417, 1417 (5th Cir. 1984).                                            
               Because the petition and the amended petition fail to state            
          a claim upon which relief can be granted, we shall grant                    
          respondent's motion to dismiss for failure to state a claim.  See           
          Scherping v. Commissioner, 747 F.2d 478 (8th Cir. 1984); see also           
          Nieman v. Commissioner, T.C. Memo. 1993-533; Solomon v.                     
          Commissioner, T.C. Memo. 1993-509, affd. without published                  
          opinion 42 F.3d 1391 (7th Cir. 1994).6                                      
               In order to reflect the foregoing,                                     


                                             An order of dismissal and                
                                        decision will be entered.                     










          6  Respondent's motion does not include a request that the                  
          Court award a penalty to the United States pursuant to sec.                 
          6673(a), and we have decided not to award such a penalty on our             
          own motion.  Petitioners are advised, however, that sec.                    
          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.                              


Page:  Previous  1  2  3  4  5  6  7  8  9  

Last modified: May 25, 2011