- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011