- 8 - 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 forPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011