Rosemary V. Cocozza - Page 7

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            delay or that petitioner’s position in this proceeding is                                    
            frivolous or groundless.  Although petitioner’s position clearly                             
            has neither legal merit nor factual support, we have no basis in                             
            this record for assessing petitioner’s motives in instituting and                            
            maintaining the proceeding.  There is no evidence in the Court’s                             
            records that petitioner has previously been a litigant in this                               
            Court.  Nor is there any evidence in the record of this case that                            
            petitioner had received any prior warnings in this proceeding, as                            
            would have occurred if respondent had filed a motion to dismiss                              
            the petition on the grounds that it failed to state a claim on                               
            the basis of which relief could be granted.3  In the absence of a                            
            basis in this record for assessing petitioner’s motives, see May                             
            v. Commissioner, supra at 1306-1308, we shall not impose a                                   
            penalty under section 6673(a).                                                               
                  Petitioner’s unwillingness to dispose of this case by                                  
            agreement creates the impression that petitioner may wish to file                            
            an appeal.  We conclude by informing petitioner, as we have                                  


            3 The Court generally responds to such a motion by directing                                 
            the taxpayer to file a proper amended petition, as required by                               
            Rule 34(b), setting forth with specificity each error made by                                
            respondent in the statutory notice and separate statements of                                
            fact on which the assignments of error are based.  This procedure                            
            gives the Court an opportunity to tell the taxpayer that her                                 
            arguments are tax protester arguments that have no merit, that                               
            for the taxpayer to persist in making them would waste everyone’s                            
            time, and to warn the taxpayer that to remain on her original                                
            course will result in the imposition of sanctions under sec.                                 
            6673(a).  If the taxpayer fails to respond to the Court’s order                              
            or to amend the petition, we generally dismiss the case.                                     




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