Frederick M. Fox - Page 10

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                    primarily for delay, where the taxpayer's position is frivolous                                                                                        
                    or groundless, or where the taxpayer unreasonably fails to pursue                                                                                      
                    administrative remedies.  A taxpayer's position is frivolous or                                                                                        
                    groundless if it is contrary to established law and unsupported                                                                                        
                    by a reasoned, colorable argument for change in the law.  Coleman                                                                                      
                    v. Commissioner, 791 F.2d 68, 71 (7th Cir. 1986); Sicalides v.                                                                                         
                    Commissioner, T.C. Memo. 1989-164.                                                                                                                     
                              It is beyond any reasoned dispute that petitioner is subject                                                                                 
                    to Federal income taxation and that his position in his previous                                                                                       
                    cases was frivolous, groundless, and instituted primarily for                                                                                          
                    delay.  Fox I, Fox III; see Fox II.  Petitioner continues to                                                                                           
                    waste respondent's and the Court's time with stale tax protester                                                                                       
                    arguments.  Petitioner's written materials show that he has an                                                                                         
                    ability to twist tax laws to support his frivolous positions.                                                                                          
                    Fox III.  We imposed penalties under section 6673 on our own                                                                                           
                    motion in Fox I and Fox III, which were filed before petitioner                                                                                        
                    filed his petition in this case.                                                                                                                       

















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