- 15 - circumstances, including the experience and knowledge of the taxpayer and his or her reliance on a professional tax adviser. Sec. 1.6664-4(b)(1), Income Tax Regs. Petitioner argues that he is not liable for this penalty because he did not understate his Federal income tax for 1992. This is so, petitioner contends, because Ideal Management was not a sham. We have already held that Ideal Management was a sham. Nor do we find that petitioner had reasonable cause for his understatement. We sustain respondent's determination on this issue. Turning to the final matter, respondent moved the Court at the end of trial to impose a penalty under section 6673(a)(1). Respondent asserts that petitioner's position is frivolous and groundless, and that petitioner instituted this lawsuit primarily for delay. In relevant part, section 6673(a)(1) provides: SEC. 6673(a). Tax Court Proceedings.-- (1) Procedures instituted primarily for delay, etc.--Whenever it appears to the Tax Court that-- (A) proceedings before it have been instituted or maintained by the taxpayer primarily for delay, (B) the taxpayer's position in such proceeding is frivolous or groundless, or * *** * * * * * the Tax Court, in its decision, may require the taxpayer to pay to the United States a penalty not in excess of $25,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011