Wayne D. Bumgarner - Page 8

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                  We have considered petitioner's other arguments and, to the                            
            extent they are decipherable, find them devoid of merit.                                     
                  We turn now, on our own motion, to the imposition of a                                 
            penalty against petitioner pursuant to section 6673(a).                                      
                  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 exhibits frivolity "if it is                               
            contrary to established law and unsupported by a reasoned,                                   
            colorable argument for change in the law."  Coleman v.                                       
            Commissioner, supra at 71.  Petitioner's position, as set forth                              
            in the petition and answering brief, consists mainly of hackneyed                            
            tax protester blather, interspersed with choice obloquies                                    
            directed at respondent.  Petitioner would subject one's wages and                            
            other compensation to tax only to the extent that he or she                                  
            elects to include them in gross income.  Based on well-                                      
            established precedent, such a posture is frivolous and obtuse.                               
                  In light of the above, we will exercise our discretion under                           
            section 6673(a)(1) and require petitioner to pay a penalty to the                            
            United States in the amount of $1,000.  See Coleman v.                                       
            Commissioner, supra at 71-72; Crain v. Commissioner, 737 F.2d                                
            1417, 1418 (5th Cir. 1984); Coulter v. Commissioner, 82 T.C. 580,                            




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