Frederick M. Fox - Page 9

                                                                                - 9 -- 9 -                                                                                 

                    Commissioner, 702 F.2d 59 (5th Cir. 1983).  In Knighten, the U.S.                                                                                      
                    Court of Appeals for the Fifth Circuit said:                                                                                                           
                              Since he has never alleged any facts at all, and his                                                                                         
                              legal arguments were clearly without merit, he has                                                                                           
                              failed to demonstrate that there is any issue the                                                                                            
                              resolution of which could possibly be affected by a                                                                                          
                              hearing; thus, there is simply no point in having one.                                                                                       
                              The Consitution does not require such futile exercises.                                                                                      
                              [Id. at 61.]                                                                                                                                 
                    See also Morrison v. Commissioner, 81 T.C. 644, 651 (1983)                                                                                             
                    (summary judgment proper where taxpayers did not set forth                                                                                             
                    specific facts as required by Rule 121(d)).                                                                                                            
                              We have examined all the materials in the record and                                                                                         
                    construed facts most favorably for petitioner.  We conclude that                                                                                       
                    there is no dispute as to any material fact, that petitioner's                                                                                         
                    contentions are frivolous, and that respondent is entitled to                                                                                          
                    summary judgment.                                                                                                                                      
                              We will deny petitioner's motion to strike respondent's                                                                                      
                    motion for summary judgment filed August 13, 1997, for the same                                                                                        
                    reasons for which we grant respondent's motion for summary                                                                                             
                    judgment.                                                                                                                                              
                    B.        Imposition of a Penalty Under Section 6673                                                                                                   
                              We next decide whether the Court, on its own motion, should                                                                                  
                    award a penalty to the United States under section 6673.                                                                                               
                              Section 6673 provides that the Court may require the                                                                                         
                    taxpayer to pay a penalty to the United States not in excess of                                                                                        
                    $25,000 when proceedings have been instituted or maintained                                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011