Donald Walker, a.k.a. Theonaleth - Page 5

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          Court of Appeals for the Second Circuit stated in its Order that            
          "[t]he appeal is entirely frivolous".  In Walker II, the Second             
          Circuit stated in its Mandate that petitioner was pursuing claims           
          essentially identical to and as frivolous as those in Walker I.             
          In Walker II, this Court decided that under section 6673                    
          petitioner was required to pay to the United States a penalty of            
          $1,250.                                                                     
               In Walker III, the instant case, we find that petitioner has           
          instituted and maintained this action primarily for delay and               
          that petitioner's position in this proceeding is frivolous and              
          groundless.  Accordingly, we will grant respondent's motion for a           
          penalty, and in our decision we will require petitioner to pay to           
          the United States a penalty of $2,750.                                      
               We also remind petitioner that the Court of Appeals for the            
          Second Circuit, which did not impose a sanction in Walker II,               
          stated in that case that "Walker is admonished that the                     
          imposition of a mandatory sanction will almost inevitably result            
          from any further frivolous appeals" to the Second Circuit.                  
                                                  An appropriate order and            
                                             decision will be entered.                












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Last modified: May 25, 2011