Lola Cowan - Page 8

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            Issue 4.  Section 6673(a)(1) Penalty                                                         
                    Prior to trial, respondent cautioned petitioner of the                               
            possibility of the Court's imposing a penalty if she pursued her                             
            baseless claims and provided petitioner with an opportunity to                               
            avoid the section 6673(a)(1) penalty.  Petitioner failed to heed                             
            respondent's warning.  Accordingly, at trial, respondent requested                           
            the Court to impose a penalty against petitioner pursuant to                                 
            section 6673(a)(1).                                                                          
                  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.                                                                               
                  Respondent asserts that petitioner's position is frivolous and                         
            groundless, and that petitioner instituted this lawsuit primarily                            
            for delay.  We agree with respondent that petitioner is liable for                           








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